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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11256
Experience:  Significant experience in all areas of employment law.
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I am thinking of resigning my job after 16 years. I have

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I am thinking of resigning my job after 16 years. I have been cited for Poor job performance this year and Insubordination ( not following directions in using a form. No one checked my work until recently despite my repeated requests to do so. I was told that my next mistake will cause me to be fired. I have requested to be re-trained but I am sure I will hear that I was here long enough to know better. I need to find another job but I work there every day. Can I still collect NJ Unemployment if I resign? I am willing to be retrained if they are willing. I have been a dedicated employee. I have 15 years of Good reviews
Submitted: 7 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 7 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, you generally can't collect unemployment if you resign because to collect unemployment you need to be unemployed "through no fault of your own" and when you resign you are becoming voluntarily unemployed. You would need to prove that you are resigning in lieu of IMMEDIATE termination (i.e. "sign this resignation or you're fired"). Otherwise, it is unfortunate but in order to be eligible for unemployment benefits you need to be actually fired.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Customer: replied 7 months ago.
Do I ask my Supervisor to tell me to resign or be fired? With the information I gave you, will I get benefits if I am fired for "Poor Job Performance"
Customer: replied 7 months ago.
Do I ask my Supervisor to tell me "To resign or be fired?" With the information I gave you, will I get benefits if I am fired for "Poor Job Performance>"
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Patrick, Esq. replied 7 months ago.

Thank you for your reply. There may be slight delays between my responses as I assist other customers.

Ultimately, the unemployment office needs to conclude that you are unemployed through no fault of your own. So, you can't really "ask" to tell your employer to resign or be fired, because if you demanded that then you would be unemployed due to your own actions. There is no "trick" way around this. The unemployment office doesn't care about labels, they care about whether there is anything you truly and legitimately could have done to avoid becoming unemployed. If they find that you intentionally became unemployed, they will deny benefits.

Generally, if you are fired for poor job performance you will be eligible for benefits. The only way you'd be denied is if your employer could prove that you were intentionally not following instructions or making no effort whatsoever to improve. In that case it might be considered "misconduct," but this is generally very hard for the employer to establish and benefits are rarely denied on this basis.

I hope this clarifies things. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.

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