If I Was Asked To Resign Instead Of Being Terminated, Can I Still File For Unemployment?

If you resign from your employment you will not be able to collect or claim for Unemployment Benefit. This is the case if you resign of your own volition or if you are asked to resign. You may receive benefits to begin with once your contract ends, but once the unemployment office confirms that you resigned you will be liable to repay any monies you have received, and furthermore, you will also jeopardize any future claims you may wish to make for unemployment benefit. If you do resign, this may also affect you claiming for unfair dismissal. If you feel that the company will terminate your contract unfairly, the best course of action is to stay on and let them terminate your contract. You may then have a claim for unfair dismissal. If you are asked to resign from your employment then you may wish to consult a lawyer, who specialises in employment law. Put a letter together to your employer stating that you cannot resign, as this will affect your eligibility for unemployment benefit. This is important because it states your intentions to stay on in employment. If they have a severance offer prepared for you, make sure that the amount of the offer exceeds the amount you would be able to claim from an unemployment insurance fund, should you have one. Another element you need to check is whether or not a pension fund will still be available to you should you choose to resign. In the current economic climate it is easier for companies to ask employees to resign. The reality is that you should never resign from your job unless you have another job to start immediately.

You can still file for unemployment but you will penalized.  At that time you can ask the Employment Security Commission for arbitration and take your case to adjudicator.  I was in a similar situation and it was determined that taking an involuntary resignation is the same as termination in that either way you are unemployed through no wish of your own.  In other words you didn't have a choice and they may tell you it will show up as being eligible for rehire but, it won't.  Don't sign anything until you speak with at least the Employment Security Commission.

Unemployment is getting complicated lately, they keep changing there rules. I would contact an employment attorney, they should know the ins and outs of everything.

Call your local unemployment office and check what the stipulations are in receiving benefits under these terms.

I hope that you have already begun to look for other employment and If I were you, I would take the resignation option as it does look much better when applying for additional jobs. Also, ask if they would be willing to give you a letter of commendation (for other employers) as part of the terms of your resignation as this is even more helpful but you had best have a good reason for leaving. That is, not that they made me leave or be fired (duh).

A voluntary resignation to avoid termination does not affect your ability to qualify for unemployment benefits. Your severance package will be considered deductible income and will affect when you are able to start drawing benefits, but will not affect you being able to draw as long as your previous employer does not contest your claim.

Generally if you apply for unemployment you are given a chance to appeal any negative decisions made by the arbitrator. If you appeal and you can provide other evidence that you resigned under either discrimination or hostile working environment or if you can document or provide additional witness statements in your favor then move foward. It can be an extremely lengthy process. If its proven this organization has a very high turn over rate with hiring or letting staff go, then perhaps weighing your rights to an appeal should be done. Contrary to popular opinion, you and the company you worked for both have a right to explain your side and have the right to appeal or bring forth additional information. In any case, research your state rules or rulings on unemployment appeals. Good Luck

What do you think??  

Answer #1: (If  you have a VALID reason for quitting, you MAY be eligible to "collect".  Sometimes, very special circumstances will prevent a person from being able to continue to work    (  Medical reasons....due to a temporary condition????   Some Intolerable work-place conditions apply,  or if an employee is demoted through no fault of his own?)  The Unemployment office has the best information on this subject....BUT

Answer #2:  (If you just didn't like your job).  Why doesn't everyone quit so they can collect?  That is called "I'm entitled to get something for nothing" mentality.  There is a lot of that in this country.  Even better:  Be an illegal alien and write to Congress.