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was counseled to submit a Letter of Resignation prior to being

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

was counseled to submit a Letter of Resignation prior to being fired so as to not have that status. I agreed it would be better than being fired, but submitted my Letter stating, "with good cause". Does having "just cause" for ending employment allow me to apply for unemployment in the state of Florida?

Submitted: 357 days and 13 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED
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Expert:  JB Umphrey replied 357 days and 12 hours ago.

Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances. Please clarify: if you had not resigned, you would have been fired, correct?

Why would they have fired you?

Customer replied 357 days and 11 hours ago.

Yes. I am an RN in a Critical Care Rotation and with each rotation, not being a staff nurse I was in a sense picked on for every detail of the job and held to higher standards than the staff nurses. There was no lack in care from my point of view, but with little to no autonomy provided to me, a few instances occurred where a staff nurse felt my nursing practice was not in line with their practice therefore leading to write-ups which I had justifiable rebuttals to accompany. My case was in review in HR and I was counseled by my mgr that by submitting a LOR it would ensure that if HR came through with a decision to fire, I would have saved myself from that final and irreconcilable decision.

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Expert:  JB Umphrey replied 357 days and 11 hours ago.

Thank you. Have you submitted the letter of resignation already?

Customer replied 357 days and 11 hours ago.

I submitted on 23 Apr promptly upon being counseled for fear that HR would make a decision to fire on that day.

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Expert:  JB Umphrey replied 357 days and 11 hours ago.

Thank you.

As a general matter, when a person resigns from their job, they are not eligible for unemployment.

It's up to the employee to explain to unemployment that the resignation was not voluntary but that the employee was threatened with Termination if they didn't resign.

Unemployment officials will then review the reason for the threatened discharge. If the employee was going to be fired due to no fault of their own, the employee will still be eligible for unemployment.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied and select the Happy Smiley Face.

Customer replied 357 days and 11 hours ago.

Now this with statement there is matter of interpretation: If the employee was going to be fired due to no fault of their own, the employee will still be eligible for unemployment.

From my standpoint it is to no fault of my own. I did submit a rebuttal with justifiable reasoning. The viewpoint of HR may be different based on the fact there was a Write-up at all.

I will select the Happy face following clarification and understanding of this matter. Thank you so much

Accepted Answer

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Expert:  JB Umphrey replied 357 days and 11 hours ago.

If a person is fired for misconduct, e.g., stealing, fighting, sexual harassment, repeated policy violations with progressive discipline, then the person will not be eligible for unemployment because it's their own fault that they got fired.

I hope this helps to clarify things!

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 96.6 %
Accepts: 6263
Answered: 4/26/2012

Experience: Assisting employees and employers for over 14 years.

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