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Should I resign or wait until they fire me? Will I still qualify for Unemployment Benefit?

by Michelle
(Los Angeles, CA)

I worked for one of the large retail banks as a loan officer. I already received one verbal warning on 12/20/2010 and one written (final) warning on 01/13/2011 for under performance on production.

As I am trying to catch up on my production volume, I am also applying for jobs in other departments internally. If my manager decided to let me go prior to me transferring to another department, will I still qualify for unemployment benefit if I resign?

I know we will be given an option to resign or be terminated at the time. If we resign, we can still be rehired by the bank in the future. If we get terminated, we will be ineligible for rehire, which will be very bad if I ever want to work at this bank for other position and/or future reference.

I just had a newborn recently. We cannot survive on just one income. What should I do? Please help.


First, let me ask you this.

Do you believe that your write ups for under performance are caused by your under performance or are there other things in play that might be causing you to not meet goals?

Stop thinking in terms of getting unemployment benefits and start thinking of ways to begin counter documenting that what you may be discharged for or allowed to choose resignation in lieu of discharge for.. is not misconduct as defined by California

Because whether you quit in lieu of discharge or not .. the EDD is supposed to adjudicate with regard to whether you get benefits or not as a discharge.

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