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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5733
Experience:  Exclusively practice labor and employment law.
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Marsha, I am in. I was advised to resign in lieu of

Customer Question

Hi Marsha, I am in Virginia. I was advised to resign in lieu of termination. Now 2 months out still seeking employment and out of vacation accrual pay. Can I seek unemployment benefits, still haven't secured employment
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Yes you can get unemployment. Resigning when the only other option was termination is effectively a termination according the unemployment. Now you may have a problem of proof if the employer protests your application for benefits, because they may say you voluntarily resigned, but you should try to prove that it in fact was not voluntary - e.g., you didn't have another job lined up, texts, emails..anything that goes to show you did not voluntarily leave.

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