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In Wisconsin, If I was asked by my employer to submit a voluntary resignation instead of being fired will I be able to collect unemployment benefits?

In Wisconsin, If I was asked by my employer to submit a voluntary resignation instead of being fired will I be able to collect unemployment benefits?

Hi,

It truly depends on why you would have been fired.

This is known as a quit in lieu of discharge and far as the unemployment department is concerned it is a discharge.

It is the reason you would have been fired that is at issue and whether that reason was misconduct or not.

Thanks for the questions.

Chris

Comments for In Wisconsin, If I was asked by my employer to submit a voluntary resignation instead of being fired will I be able to collect unemployment benefits?

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Jun 03, 2014
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benefit question

by: anonymous


Hello my employer fired me by phone. Before he fired me I told him that the other manager physically assaulted me.

He said that it wasn’t working out anyway and he was gonna fire me based on my performance. I just wanted to know would I be eligible for unemployment benefits? I contacted my lawyer and they said I have a case. I don’t know what to do.

Won’t your lawyer be helping you and telling you what to do?


Nov 25, 2009
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I’m responding to my question

by: Anonymous


I was not going to be discharged for misconduct or anything bad. I was just not “in their opion” up to the level of knowledge and production that they thought I should’ve been. I gave them 120% of effort and did the best that I could but I guest they thought it wasn’t good enough; In fact they told me that they knew that I was working very hard to be successful in the position that I was in. They gave me the option to be walked out right away or to submit my voluntary resignation and stay for two weeks, which I really didn’t want to do but I thought it would make it harder for me to get a job if I was fired. I asked them before I submitted the letter of resignation would I be able to get unemployment because it is hard to find jobs now and they said it was up to the unemployment office.

Hi,

To continue this conversation about getting unemployment benefits I need to ask questions and clear a few thing up.

Did the employer have you on a performance improvement plan?

How long had you worked for the employer?

What did your resignation letter say .. exactly?

It is a mistake to think that “performance issues” cannot be shown to fit a states definition of misconduct ..

You quit in lieu of being discharged for poor performance.

Although performance issues are more difficult to prove misconduct for .. it can be done.

And since the employer told you that whether you will get unemployment is up to the state .. my guess is that they will use your resignation letter and respond that you voluntarily quit.

Chris


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