I was forced to turn in a resignation letter or be fired. Can I still collect unemployment
I had been working for an organization for 6 months when I was taken into an office and told I could work two more weeks but I would be fired or I could resign and take a two weeks severance pay.
I would have probably stayed at my job but the environment had become hostile.
Additionally, the reasons my employer gave for wanting me to resign were unjust and did not have to do with my performance on the job. I turned in a resignation letter but forgot to date it because it was written quickly. Additionally, my severance pay was given to me as normal pay, as if I was still working there. However, that employer is required by the federal government to have all employees fill out time sheets. I was suppose to receive my time sheet for the last two weeks but did not receive it. Therefore I was unable to fill it out or to sign it.
I have been searching for jobs and have applied to over 50 jobs since being forced to resign. I am also registered with every temp agency in the area and have yet to find employment. I am considering applying for unemployment benefits now, to keep my head above water in case the job search continues to go poorly. Do you think I can?
I was forced to turn in a resignation letter or be fired. Can I still collect unemploymentClick here for other Q&As about getting fired
I know it's important for an individual to first distinguish that a quit in lieu of being fired must still be adjudicated by an unemployment department to find out if they were being forced to quit .. or if they quit in anticipation they might be fired.
The basic difference between a quit, or a discharge, is that the "actual" party that moved to end the employment relationship, must now good cause to of moved to end it.
When you quit in lieu of being fired it amounts to being put in the position of having no choice left about staying employed .. except for choosing if you will let your employer fired you, or let them code you out of their payroll system as a voluntary quit, which is good for a resume, but is also why employers love to use this preemptive strategy, because employees often blow it for themselves when the burden ends up falling to them.
For instance when employees choose the option to resign, but then don't create one shred of documentation that could serve as evidence
to prove they they were forced to quit .. which is a termination in fact, they face a very steep hill to get across it was a discharge as far as unemployment insurance departments are concerned and for something not rising to the level of willful misconduct for the employer to be effective when it comes time to argue you should be denied unemployment.
Documenting the necessary and essential fact of a basic argument could be done in a resignation letter, or even a concise comment on a written warning, or termination notice. The point being it needs to explain not only that the resignation is being tendered in lieu of being fired, but also why the reason for the discharge are not for for misconduct as defined, or however that is interpreted by an individual state.
I cannot tell you how many times I submitted a glowing and thankful for the opportunity to work for you resignation letter for an employer when things reached the first level appeal hearing that literally clashed with the answers people gave when applying for benefits .. or what they spilled in an over the top appeal letter.
Talk about an example of cutting your own possibility of validly arguing when you were fired for something other than work misconduct
.. off at the pass, instead of knowing the advantage you might of had existed before you left work for the last time.
So my questions for this type of discharge are the same as usual, but first I ask about how a person resigned before I focus on whether an employer can actually prove the person guilty of misconduct because that is the reason for giving they chose to give the ultimatum to quit, or be fired.
Of course I need to know if I think the employer can prove misconduct .. because that's what is at issue and must be resolved for an unemployment department .. before they initially allow benefits, or before the appeal section issues it's hearing decision.
I did take note of your statement "Additionally, the reasons my employer gave for wanting me to resign were unjust and did not have to do with my performance on the job."
If not to do the the job you did, or your performance, then what?
I'm okay at reading between the lines, but that's what I would call a wide open statement ripe for an unsavory assumption For those needing ideas about documenting for posterity and unemployment, or help determining if it was misconduct per UI, well I'm not your average sort of job coach.