Mutual Agreement Resignation / Quit in lieu of discharge.

by emmett brooks

(Redwood City, CA USA)

I was initially hired as a manager over a department that was not my strong suit. This had been disclosed prior to being hired. After being in the position for about 5 months I had a conversation with my boss where she informed me that “this is not working out”. I was asked what I planned to do – my response was “I will attempt to bring my performance up to par and at the same time look for other employment if I fall short. About a week later, my boss and I agreed that I should seek employment elsewhere. I tendered my resignation effective 2 weeks later.

Upon filing for UI benefits I was scheduled for an interview to explain my voluntary leaving. I stated the above to the interviewer who in term informed me that if my employer told the same story I would qualify for UI benefits under the “Mutual Agreement” section of the California Code 1256.

A week later I received a denial letter from EDD for the reason I quit my job?

Hi Emmett,

What did your resignation letter say?

What would the employer have done if you had not tendered your resignation?

I have answered a lot of questions about this very subject. You of course will now need to appeal and it will be at the hearing where through testimony the fact will be “developed”.

Of course the employer responded that you quit. If they had responded properly by saying it was a quit in lieu of discharge or a mutual agreement .. they would have lost automatically .. unless they could prove you that if they fired you it was for misconduct.

This always happens to people with which the employer’s issues are “performance”. It’s one of the most difficult types of cases for them to win .. simply because poor performance lacks the element of an intentional and willing violation as would be the case with neglect. Rather it’s seen as a hiring error on their part and is the employer’s fault.

I’ve always wondered how many people have fell for this tactic ..I suspect it’s a lot.

Voluntary Leaving or Discharge. This page addresses both issues; Mutual Agreements and Quit in Lieu of Discharge.

Comments for Mutual Agreement Resignation / Quit in lieu of discharge.

Aug 20, 2009

Is “involuntary resign” the same as “discharged in lieu of termination”?

by: Windance

My situation is a little different having not yet resigned and employer ‘willing’ to negotiate somewhat.I believe I am the object of ‘constructive discipline’.

One grievance (union represented) already pending. Recently, another incident came up. During our last meeting on August 3, after an incident investigation, the employer says they want to take me off of my normal ‘night shift’ and have me work day shift for 90 days; then I will be reevaluated or terminated. Not agreeing or disagreeing, I ‘think’ I am administrative leave. My union is minimally representing me. My employer is open to some kind of agreement to quit.

The following is latest proposal to my union rep from HR.

1. ‘Employee name’ agrees to ?involuntarily resign” his position as a Nurse at _________________.
2. ‘Union’ agrees to withdraw any pending grievances and further agrees not to file any grievances regarding ‘Employee name’ employment or resignation from ________________.
3. _________________ agrees not to contest ‘Employee name’ request for unemployment.
4. Any disciplinary actions in ‘Employee name’s’ personnel file are in dispute and will remain confidential.
5. Per _______________ policy, _____________ will only disclose dates of hire and job title to any potential reference.

By signing below, ‘union’ and _______________ agree to the above terms. …..

I need to have the agreement between myself, the union and the employer that will clearly state that the employer will not block unemployment and that I will qualify for the COBRA stimulus. At same time, favor future job apps.

I guess my question is:

Does “involuntary resign” amount to the same as “discharged in lieu of termination”? Would this be reasonable enough to accept to avoid an unemployment determination hearing, along with number 3, not contesting my ‘request’ for unemployment? Is there better/stronger language I could propose to assure unemployment?

Thank you Chris.

Yes, an involuntary resignation is the same as a quit in lieu of discharge.