Employment Law Questions? Ask an Employment Lawyer.
What you need to know essentially is that either a forced resignation or a termination will qualify you for unemployment, assuming they weren't because of your misconduct on the job. Thus his theory that he'll make sure you don't get unemployment makes no sense. He could protest your unemployment but if you could show to EDD that you were terminated you'd still be granted benefits. However, you could be denied unemployment if you resign voluntarily.
So the only thing I can think that he is doing here is trying to trick you into signing something that you are resigning, then protesting your unemployment when you apply stating you voluntarily resigned. The best I can tell you is to either make him terminate you or if you do resign, make sure there is writing somewhere (hopefully signed by you and him) that the resignation is not voluntary.
They don't have to fire you immediately. You have to work until the last day essentially because the "intent to terminate" can be withdrawn, and then he'd claim that you just quit to unemployment. So it would be advisable to wait it out...even though that's probably not what you want to do. If you final check with pto is not paid out you bring a wage claim with the state.
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