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I was advised to resign now Im being denied!!!

by Crystal

I worked as a CSR and my car was repossessed, therefore I was forced to call out because without a car I really could not do the job they were having me do which was collections!! Hard Collections like out everyday going to customers homes, employers trying to collect payment, make arrangements or locate vehicles.

I pulled a job description from a career site and it states as a required qualification
Use of personal vehicle required
does this mean its mandoratory??

Needless to say I called out a few times and the last day I talked with Manager he advised me to resign.

He told me without a car they would fire me, that it would be better to quit than be fired. I then told him that if that was his opinion than I would take his advise and that I was resigning. This Manager is no longer employed with company and the response the company gave was that I resigned to take another job offer???

What do I do to ensure I receive benefits I deserve??

But, they didn't fire you .. you quit and this free job I do here is not to ensure anything, but inform you about the burden of proving the cause for quitting is good.

You've hardly given me enough details to know if you actually tried to preserve your job and what those efforts might of been.

Therefore, I'll ask some questions I think might be relevant. Is your car fixed? Was it in the shop being repaired when you took the advice to quit?

Comments for I was advised to resign now Im being denied!!!

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Jun 13, 2016
I was advised to resign instead of getting fired
by: Anonymous

I was advised to resign by my manager, she said it would be better instead of getting fired!

I took a week off from work due to my son's illnesses. He was hospitalized that entire week (he's been hospitalized many times before and this was the 1st time I took off from work to care for my child).

I called my manager and told her I would need 2 days off that following week to take my child to his follow up with all his specialists. She said, I didn't have any more sick or personal days left. I asked to go in to work early and leave late the other days to make up the work and she said no.

I explained it was very important my child have the follow up, due to reoccurring seizures and asthma that has worsen. That's when she recommended I resign, because if I missed one more day of work, I would be fired and wouldn't be eligible for unemployment.

Jun 13, 2016
Your question about quitting is unrelated to the original question .. but
by: Chris -

Other than that you were advised by an employer it's better to quit than to be fired who may know why it's better for an employer when someone like you quits .. vs letting firing the for poor attendance based on an unreasonable condition of any job.

It's a move that relates more to who is initially assigned the burden of proof to prove good cause to be the moving party to end the employment relationship .. here's another version of my standard answer found in Q&A's related to quitting, or getting fired for health reasons of one's own, or a dependent child's.

A discussion generally relates to an individuals efforts they can prove that go to efforts toward preservation of a job and we can usually thank an employee right for good employers who know, the circumstances may be covered for the individual by the FMLA, or just reasonable documented requests made by the employee to explain the situation in the event they do quit .. or get fired for poor attendance.

No doubt a job can potentially be ended at-will when a person is not covered, or coverage is exhausted under the Family Medical Leave Act.

But then, for unemployment benefits at least, you have something to prove, either way.

Question, aside from whether you took the advice to quit, not, is if you documented reality vs. just talking about it.

Documenting efforts to obtain personal leave time, in lieu of any documented request to access protection afforded by FMLA, or documentation to show that despite not having sick, or any PTO that doctor notes, or medical documentation from your child's physician (that not coincidentally could be relevant to a violation of the ADA (Americans with
Disability Act) show the circumstances at the time of the quit, or discharge .. were beyond the control of a "REASONABLE PERSON" and preferably, on the advice of a physician .. be it your own, or your dependent child's.

At minimum I know if I was fired for absenteeism, I would ultimately choose to be a responsible parent, but I WOULD not ignore making an effort to prove how this one manager, literally forced me into the position of having to make an objective decision about keeping my job, vs. the welfare of my dependent child suffering from seizures and asthma .. both condition, I would advise you to explore the FMLA and the ADA .. for a little bit of knowledge to push back against what this manager is attempting to do.

Make you quit your job .. before you have established with documents to make that manager aware .. you have good cause for that time off.

Jun 13, 2016
I was advised to resign now Im being denied!!!
by: Anonymous

I tried to come to an agreement with my boss to let me go in learlier and leave work later like he has done for other employees and he said no, I told him I was willing to work on wknds aswell also got denied, that's when he advised me it would be better for me to resign then for me to get fired because it will look bad in my work records so I went ahead and resigned. Now I was denied unemployment I did the first appeal and was also denied now I must appeal a second time. How can I go about doing this and win the appeal?

Jun 13, 2016
I was concerned that might be the case.
by: Chris -

Please read info about why I think a second level appeal is more difficult to argue once you've already lost the first level appeal hearing.

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