Should I ask to be fired or voluntary quit? (California)

by Sean
(Los Angeles, CA USA)

I've been reading all the info on this site but I couldn't find any similar case to mine.


I've been working full time at this job for two years.
Recently I was involved in a dental malpractice case and in need of intense dental re-treatment.

My employer has been really good to me and let me miss work once a week for a month.
Unfortunately, me missing work is giving my co-workers hard time and there were some incidents because they were covering for my work.

My boss suggested that it would be better to replace me today and has given me a choice to be fired or quit.
She wasn't sure which would give me better chance to get unemployment benefits so asked me what I would like.

I need to visit my dentist once a week for about three months.
How much chance do you think I have for getting unemployment benefits?
Would it be better to get fired or quit?



If you quit, the only reason would be to just avoid getting fired. This means that the employer would have to give you an ultimatum.

We have decided to terminate your employment, but out of the goodness of our heart we will allow you to tender your resignation so as not to damage your resume.

This is called a quit in lieu (or instead) of discharge.

What
you cannot let the state think is that you had some reasonable choice to stay employed, but that you were afraid you might be fired and therefore perceived to have quit in anticipation of being fired.

Anticipation is a voluntary quit and normally disqualifying.

A quit in lieu of discharge is adjudicated as a discharge thereby, assigning the burden of proof to the moving party .. or the employer in the case of a discharge and the reason MUST be "willful misconduct".

Your resignation letter is the document which outlines why you are quitting and is not the time to be pleasant, thankful, and cordial only, but should be a fact driven document as to the events which led to you being "forced" to write the letter.


An example?


As per our conversation on (date) in which you stated that you wished to end my employment due to the fact that my need to take one day off a week for the next three months for (description of dental retreatments) is causing a hardship on my fellow co-worker. You stated that you felt it would be in the companies best interest to terminate my employment, but also that you believe this is not through any fault of my own and have therefore graciously, allowed me to tender a resignation in lieu of dismissal.

Whatcha think Sean? Do you understand the difference?

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