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Barrister
Barrister, Lawyer
Category: Employment Law
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Experience:  14 years practicing attorney
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I was given the choice to resign or be terminated. I have a

Resolved Question:

I was given the choice to resign or be terminated. I have a very physical job that I am unable to perform. The company has written me up for non-compliance for paperwork and not following processes. Same terms for the termination. Which option should I choose in order to apply for unemployment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If you resign, then the burden is on you to prove why you should be eligible for unemployment because a resignation can be considered voluntary unless it is forced. You would then have to prove that you were forced to resign or be terminated if the employer contested your benefit claim.
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But if you let them terminate you, then you would be eligible and the burden would be on the employer to show why you would not be eligible.
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So given the choice between resigning and having to prove I was eligible or being fired and putting the burden on the employer to prove why I wasn't, I would rather be fired.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

My District mgr met with me yesterday to do the "duty" and I asked her to hold off so I could have my MRI which was scheduled for today and it had taken a month for the company insurance to approve it. She reluctantly agreed. Should I contact her tomorrow and ask for the termination?

Expert:  Barrister replied 1 year ago.
I would simply tell her that you have decided not to resign. Then it would be up to her whether she terminated you or not.
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Assuming she does, you should immediately file for unemployment.
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Thanks
Barrister
Customer: replied 1 year ago.

I have been with the company less than a year, and my previous employer laid me off due to economic reasons. I only collected 9 weeks of unemployment last summer. If I resign, could the state just go back to the previous employer? Or does this just improve my chances for acceptance for unemployment benefits?

Expert:  Barrister replied 1 year ago.
Yes, they will look at the current employer to see if you have worked there long enough to qualify for benefits under that employment. If not, they will then go back to your previous employer for eligibility.
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Thanks
Barrister
Customer: replied 1 year ago.

OK thank you for the advice. I feel better informed and can make the right decision financially. Thanks again.

Expert:  Barrister replied 1 year ago.
You are very welcome. Glad I was able to help.
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Thanks
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 24252
Experience: 14 years practicing attorney
Barrister and 9 other Employment Law Specialists are ready to help you

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