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Voluntary Quit in Anticipation of Discharge and Denied Unemployment Benefits


(California)

I Was Found to of Voluntary Quit in Anticipation of Being Discharged and Denied Unemployment Benefits


Hi,
I worked at a hospital in California for over 5 years. I was put on unpaid admin leave pending an investigation due to an incident that my manager could not tell me about. I realized what the incident was and admit that I made a pretty big mistake with a patient's record. A few days later my manager told me that I would have to come in for a meeting with HR and I was 99% sure I was going to get fired even though it was my first offense. Instead of having that on my job history, I resigned and on my resignation letter I stated "personal reasons and a need to focus on my education" because I did not want to list anything "incriminating" on it. I figured I would give this a shot and see if I have a chance although I know it is highly unlikely. If I were to file for benefits and list voluntary quit due to anticipation of discharge, would EDD find out what the anticipated discharge was going to be? I doubt I would have been able to transfer or get suspended due to the fact that this was a no tolerance policy. Any advice would be great! Thanks!

VQ



A voluntary quit in anticipation of discharge is almost always found to be without
good cause ..

But since we're talking about California .. let's check ..

This is what the UIBDG has to say on the subject of a quit in anticipation of discharge.

What this suggests to me, is that when the employer responds to the notice of claim filed .. they would have to admit that the meeting's purpose was to terminate you for misconduct for the claim to move forward and be adjudicated on grounds of misconduct or a "quit in lieu of discharge.

A smart employer would never admit you were about to be terminated .. .. they'd just respond that you quit for personal reasons and provide the resignation letter and wait to see if you appeal .. where most likely .. regardless of the facts that came out .. you would again be denied .. and I'm only saying this because you told me it was a "pretty big mistake".

Had you allowed them to terminate you .. yes, it might have damaged your resume, but if this was an "isolated instance made in good faith" you would have automatically had that argument to pursue.

My thought is that by quitting, you became the moving party and to win an appeal .. you would have to rely on the employer to testify on your behalf .. to sustain that first it was a quit in lieu of discharge .. secondly that the reason was not for misconduct.

..

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Jul 02, 2016
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What State Did This Happen In?
by: Chris - Unemployment-Tips.com

I would love to help you understand whether the initial determination denying benefits for quitting in anticipation of being discharged is correct, or arguable as an actual termination for something not misconduct.

However, I've learned over the years that when I try to explain any concept about what I think of as "aguable", I often can confuse people because I'm apparently, a lousy writer to the point I sound uneducated to some.

What I prefer doing, is more helpful by searching for and providing a resource that explains better than me in writing, like maybe a precedent UI decision, because many do explain the nuances that separate a valid basic argument, from one that lack merits to be argued.

So, before proceeding with any answer to your comment, I will require you to tell me specifically, which state unemployment law determined you may of actually quit in lieu of being terminated, because you informed your manager at work your back hurt, which from my perspective, might of been similar to what employees generally must do when they think they may of suffered an on the job injury .. per the employer's rules.

I'm sure Dollar General, given it is a big, multi-state employer gave you a copy of it's employee handbook and probably even had you sign an acknowledgement you received the rules that explain the procedure to report an injury, as well as the consequences for not reporting????

Jul 02, 2016
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is this correct
by: Anonymous

hello, I was verbally terminated from my employment with Dollar General because I informed the store manager that my back was hurting after doing numerous heavy task for the past two days. I explained to her that I was not being insubordinate or rude but my back really hurts and I cant sweep, she got upset and said fine then do this task and when you are done give me your store keys I stopped what I was doing and handed her my keys, I was not going to complete any more work and then you terminate me the termination starts now. I filed for unemployment and was denied because they said I voluntary quit in anticipation of discharge there for I was disqualified.
please help me understand.

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