I resigned to avoid termination for not performing job duties at employers satisfaction...
by Katherine
(Kentucky)
I was offered a so called package from my employer if I resigned. They stated I wasn't performing to their standards. The package consisted of vacation days, 5 weeks pay, would be marked eligible for rehire and they would not fight unemployment. All of which I got in writing and signed by my supervisor. I filed for UI and was denied due to quiting without good cause. I found a rebuttal page that stated my supervisor said I quit by my own free will. It also stated that i put in my resignation and left the same day. When in fact i accepted their package, left that same day but did remain as active employee for the next 8 biz days to get paid for optional holidays that couldnt just be paid straight out. I filed an appeal and also included a copy of the "package letter" as evidence. I had my appeals hearing over the phone. My employer didn't call in and I answered all questions to the best of my ability. Which overall I think I was to the point and focused on facts. (wish i would have seen this site before having the appeal and maybe would have had representation) Do you think I have any chance in overturning the denial?
Yes, you should have that chance without the employer there to rebut and if you focused on the fact that it was inability to meet the employer's expectation and that you always worked to the best of your ability to meet those expectations.
Your voluntary quit was in lieu of discharge and therefore is required to be adjudicated by the UI dept. as a discharge .. thereby shifting the burden of proof of misconduct to the employer .. and they didn't have anything to say ..
It should be easy to win.
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