Thank you for your reply. The reason why I asked about what lead up to the statement about resigning is because that is the most important part of what occurred in regards XXXXX XXXXX benefits. In other words, whether you resigned or were terminated is not going to be decided by just a word like you are "terminated" or "I resign" but instead that context of the situation. I still don't know what that was and even if I did, I, nor anyone else can tell you what the State is going to ultimately decide in your case. However, I can tell you what the law is and what they will look at in their decision.
A claimant is only eligible for unemployment benefits if they either quit for "good cause" attributable to the employer or if they were terminated "without cause." Those are the only two ways to qualify. So, if you made a statement that could be interpreted by the UI Commission as you quiting because of the way the Department was being run, then in that case, you would have to carry the burden of proof to show you did so for good cause. That is not an easy burden to bear since you must show that your employer was doing something either illegal or had changed the terms of your employment so drastically that you could no longer afford to work there.
On the other hand, if the State finds that you were terminated instead of quit, based on the chain of events, which it sounds like they might according to you, then your employer carries the burden to show that you intentionally or through gross negligence failed to perform your duties properly, or failed to conform to workplace standards, rules, policies, etc. If they cannot carry their burden, then you will be awarded unemployment benefits. Since I don't know what happened in that conversation or any of the facts from your employer's perspective, I can't guess if they could carry their burden.
In any event, you certainly should apply for unemployment benefits and put down what you think happened, which is that you were terminated. Then the employer will, if they choose, dispute
your eligibility, either because they say you quit or because they say you were terminated for cause. Then the State will likely initially deny your claim. You can then appeal and upon appeal is when the "burden of proof" issues that I discussed will be handled. A hearing officer will hear both sides of the story and make their decision based on the law and who they believe.
If you have any related follow up questions I would be glad to answer them for you if I can.