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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16958
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I just found out Im being “let go” due to “not being a good

Resolved Question:

I just found out I’m being “let go” due to “not being a good fit with the company’s philosophy”. I am 58 years, retired 20-year US Navy veteran, and have worked at the company for 4 years and 11 months as the Director of Engineering. I honestly did not see this coming. I have been offered 6-week severance. I was told it is up to me how I was to leave as an “involuntary termination”. My question is, how do I leave the company and successfully apply to receive unemployment benefits?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 10 months ago.
Hello,

Thank you for the information and your question and I am sorry to read about your situation. In order to qualify for unemployment benefits a claimant must either have been let go through no fault of their own or quit for "good cause" attributable to the employer. In this case, as long as you do not sign anything that says you are "voluntarily" resigning, your separation would be considered a termination through no fault of your own. Not being a "good fit" is not cause or misconduct, so you would qualify for UI benefits.

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.
Customer: replied 10 months ago.

My current options are to leave anytime in the next 6 weeks. As I understand it I would reduce my severance for time spent on the job during the next 6 weeks. Based on what you stated, as long as I do not sign anything stating voluntary, I can qualify for UI Benefits following my severance expiration? Should request that my application for UI Benefits not be challenged?

Expert:  Marsha411JD replied 10 months ago.
Yes, as long as you are not voluntarily resigning and your severance agreement does not say you are (which is a common tactic by employers to get out of being the chargeable employer for unemployment purposes), then you will qualify for UI benefits. As far as asking your employer not to challenge your eligibility, although they might say they won't, ultimately it is the State that will decide on the facts whether you are eligible or not. So, even if your employer did not initially dispute your eligibility, if you say you quit or were terminated for cause, you would be denied benefits and have to appeal. Then if the employer didn't show up for your hearing, you would be approved. But, in this case, that shouldn't be an issue anyway as long as there is no statement that you are voluntarily resigning.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16958
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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