Unemployment and Forced Resignation

I'm an hourly employee at a large corporation and received a negative review for "poor judgment". Whether fair or not, I have been given the option of 1) signing a voluntary termination agreement waiving all my rights and receiving 6 weeks of severance and the companies verbal agreement not to contest unemployment or 2) returning to work under a one year probation period and which they have encouraged me not to do. Also my immediate boss already told everyone in my department I'd been fired. Regardless of what the company says how can I file for unemployment? I would prefer to leave but if unemployment is denied or they change their mind, then I'd be better off taking my chances on probation.

1 answer  |  asked Jul 23, 2008 9:21 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
This is an open invitation to negotiate

The fact that your employer is giving you choices, one of which is to remain employed, albeit under a probationary agreement, indicates that it is nervous or otherwise reluctant to simply terminate your employment. Consequently, you should consider negotiating for a better severance deal and a fairer probationary agreement, after which you can decide which option suits you best.

I highly recommend that you consult with an attorney for this process. An attorney can recommend strategies for enhancing the offers and can help you evaluate them. The investment can be modest. Our office charges a $200 consultation fee, which is often sufficient to provide you with the tools and targets for negotiation and a framework for evaluating which are best for you. Here is a list of Cincinnati employment lawyers:

http://www.ohioemploymentlawyersassociation.org/members.php?city=Cincinnati&lastname=

Best regards,

Neil.

posted by Neil Klingshirn  |  Jul 25, 2008 11:19 AM [EST]

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