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Patrick, Esq.
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Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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My employer hired me 5 years ago for a field position. After

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My employer hired me 5 years ago for a field position. After a year my responsibilities changed when i was assigned to a project that didn't required going to the field. I performed that other job for 4 years. Now, they decided to outsource 100% of what i have been doing remotely and they want me to re-locate to IL to perform that field position. I moved to NV already. I can't re-locate to IL. The asked me to return or resigned. If I resign, will I qualify for Un-employment because changing my responsibilities is consider a "good Cause" for the state of Nevada? Should i let them fire me instead of resigning? I was willing to temporarily go back to IL and do the job but they don't want me if I don't commit for a few years.
Good evening and thank you for entrusting me to answer your question. I am terribly sorry to hear about this proposed relocation and the difficult position it is putting you in.

Generally speaking, it is much better to be fired from your job than to quit if your goal is to ensure eligibility for unemployment benefits.

Unemployment benefits are reserved for those individuals who find themselves unemployed "through no fault of their own." When an individual quits, they are typically regarded as unemployed "through fault," since they made the voluntary decision to become unemployed.

Of course, there are exceptions to this general principle, and most such exceptions involve the employee demonstrating that they quit, for one reason or another, with "good cause." Quitting due to an imposed relocation would likely constitute "good cause," but if you quit, you run that risk that the State will say you didn't do everything in your power to preserve your employment--that you could have investigated other options with your employer, accepted another position in the company, or something else. It leaves the issue open-ended, and given that most people rely on unemployment benefits to survive while they look for a new job, your eligibility for UI benefits is not something you want to leave to chance.

This is why it is generally better to force your employer to fire you. Employees who are fired will be eligible for benefits unless they are fired for "misconduct," which requires some willful or malicious act the employee knows or should know will result in their termination. If you inform your employer that you are unable to relocate to another state (which is totally reasonable, as people can't be expected to simply "up and move" to follow their job), then you are putting the ball in your employer's court to either retain you or fire you.

Don't fall for your employer's insistence that you "must resign." A compelled resignation is not a resignation at all--it's a termination. Don't let them label it, though. If they refuse to fire you, report to work each day as you normally would until they stop paying you or finally cave and let you go. It is also generally a good idea to correspond regarding this issue in writing--specifically by letting your employer know that you are able and available to work locally but that you cannot move to another state if that is a condition of your continued employment. This will establish a record for the State that you made efforts to keep your job and the sole reason why you now find yourself unemployed (assuming you do) is because you were unable to move.

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 to you and thank you so much for coming to Just Answer.
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