fired vs quit

I recently lost my job. My former employer told me that he could no longer afford to pay me and that my position was being eliminated effective immediately and that he would pay me 1 month severance OR I could work through the last month and then continue part-time for a short while if I had not found a new job. I asked if I could think about it for a day or two and he said no he must have my decision immediately. I said that I would accept the immediate termination and severance and we parted ways then and there. I filed for unemployment and he is now claiming that I quit?????? Obviously I need to dispute his claim but do I need a lawyer? What could his possible motivation be to say I quit?

1 answer  |  asked Feb 8, 2009 4:18 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Employers want to say you quit the job because that may prevent you from getting unemployment.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, employers want to say you quit the job because that may prevent you from getting unemployment. He demanded your decision immediately because he didn't want you to think about it; he gave you an option that would have allowed you to work for a little bit longer, or an option that would have let you look for work immediately. He was setting a trap.

Whether the trap works is another question. Clearly, the offer wasn't for continued employment, but for a very limited employment. You will need to explain the truth to the UC Board; I suggest you discuss this with an attorney first, as the issue may be legally complex, although factually simple.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Feb 9, 2009 08:07 AM [EST]

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