I recently failed probation for the Ca State.i am on UI. On appeal,employer wants letter of resignation. Will this result in payback to UI?

State of Ca. I appealed and received UI. Would I have to payback UI I have collected?

1 answer  |  asked Apr 7, 2015 07:29 AM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
Generally, a person claiming unemployment benefits (a “claimant”) is eligible for benefits if ALL of the following is true: he or she is (1) unemployed due to no fault of his or her own; (2) physically able to work; (3) actively seeking work; (4) ready to accept work immediately; (5) has received enough wages during the base period to establish a claim; and (6) meets eligibility requirements each week benefits are claimed. An overview of these requirements can be found on the web site of the California Employment Development Department (EDD) http://www.edd.ca.gov/Unemployment/Eligibility.htm.

You appear concerned with item (1) above. If you can establish that the employer ended your job, then you should not have a problem getting your unemployment benefits. For example, if you have a letter, e-mail or other communication from the employer informing you of your termination, that should be sufficient. You will need to explain that the resignation later came after the employer had already terminated your employment.

BUT ... why does the employer want such a letter now, and why are you considering giving the employer the letter? You certainly have no obligation to submit a resignation letter after being fired. Sometimes employers and employees agree to change the employee's record to say the employee resigned or was laid off due to lack of work. This might be helpful to the employee in looking for another job. However, unless you have something to gain from providing a resignation letter after being fired, it doesn't appear there is any reason to give the employer what it is asking for.

posted by Marilynn Mika Spencer  |  Apr 19, 2015 01:14 AM [EST]

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