Resign or be terminated, chose to resign can I apply for unemployment?

Due to another employees misconduct and the supervisor wrongfully including me in the diciplinary action notice I was given the option by upper management to resign or be terminated. I was told by union representation that because I was on probation I had no recourse to fight what was happening and I should sign the resignation form and place "personal reasons" as the reason why I was resigning. Will I be denied unemployment benefits if I apply?

1 answer  |  asked Sep 1, 2016 07:39 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba

Constructive discharge is very difficult to prove. It means you had no other choice but to resign.

Assuming your union contract does not require it to defend you against the misconduct you should probably choose to be fired since quitting will probably be considered your fault. Quitting without another job lined up is usually not good cause. Your employer will tell the Department of Labor you quit and when they ask for and receive your signed resignation the DOL will have to deny you benefits.

Lawyers sometimes confirm facts of good cause to resign but that's fairly rare. You will certainly need to prove that and don't assume the evidence you have is rock solid without a lawyer reviewing and confirming that it is. Given your facts, unless you committed misconduct, if you are fired you should recover benefits assuming you meet the other requirements of DOL such as sufficient earnings, etc....

With a "quit" it will probably be your fault and no benefits unless a lawyer tells you otherwise.

Consult with legal counsel and hire a lawyer for the unemployment hearing. Under state law no attorney may charge a fee for unemployment unless you recover benefits and the fee is approved by the Board. Good luck.

posted by V Jonas Urba  |  Sep 1, 2016 10:24 AM [EST]

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