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LawGirl
LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience:  I have practiced employment law.
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Hi, I live in MA and have been asked to resign from my

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Hi,

I live in MA and have been asked to resign from my job at TSA. I need to know if I can collect unemployment benefits if I do this. (I would not be fired for cause if I let them fire me.) I don't have enough savings to resign but I don't want a mark on my record if I let them fire me. What should I do?

Lisa

LawGirl :

Generally if you quit you are not entitled to unemployment benefits. However, in situations wherein a company wants an employee to resign, they will agree not to contest unemployment. If your employer does not contest your claim for unemployment, then it is unlikely you will be denied if you explain that you were asked to resign prior to termination.

JACUSTOMER-vq2p34w9- :

Is this true in MA?

JACUSTOMER-vq2p34w9- :

This is the federal gov't. I'm afraid that they will try to deny benefits. Should I ask them about this before I resign?

LawGirl :

Yes. However, if this is the agreement you reach with your employer (not to fight you on unemployment), you will want to get it in writing.

JACUSTOMER-vq2p34w9- :

I have to let them know my decision by 10:00am today. Should I get the answer in writing before I give them my answer?

LawGirl :

Yes, if this is the basis of your decision. If you wait until after you give them your answer, they may change their mind.

JACUSTOMER-vq2p34w9- :

The only other thing is I want to know is will I have trouble getting a job in the public/private sector if they fire me?

JACUSTOMER-vq2p34w9- :

I was only there for four months.

LawGirl :

That can depend on your industry and a myriad of facts. It can be a turn off to new employers to find out that a prospective employee was terminated. If you can leave on your own accord, that may inure to your benefit. However, these decisions are best made with someone who has knowledge of you, your job, your industry and the facts affecting your case.

JACUSTOMER-vq2p34w9- :

okay, I will try to get TSA to give me a statement that they will not fight my umeployment claim. If they do not do this, then I think I will have to let them fire me.

LawGirl :

I wish you the best during this very difficult time. It sounds like you are making the best decision you can given these difficult circumstances.

JACUSTOMER-vq2p34w9- :

Thanks for your help.

LawGirl and other Employment Law Specialists are ready to help you

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