Resignation in lieu of termination - still get unemployment?

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Latest post 07-13-2012 8:47 AM by Karroog. 18 replies.
  • 07-11-2012 10:19 PM

    • Karroog
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    Resignation in lieu of termination - still get unemployment?

    Residence: Rhode Island

    My situation is a bit hectic, but I will keep it short.  I have been working for an employer for 3 months, but recently had to go on Temporary Disability Insurance as I was unable to work.  I have been on TDI for 3 weeks now. I was just diagnosed with Chronic Pancreatitis, which is no fun.

    I spoke to my boss about the diagnosis as I knew it would affect my job.  She understood, and brought up the fact that my doctor had not faxed over the past week notice that I was still required to be on TDI. Because of this she told me that she had the authority to fire me because of the "abandonment of duties" situation.  

    She said that she was willing to forgoe putting that on my record with the company as long as I wrote out a "resignation in lieu of termination" to her stating that I would resign instead of being fired because of my recent troubles and diagnosis.

    My question is, even if I wrote out the letter I have read that usually if you resign from a position you would not obtain unemployment benefits.  Is there a way to write out a letter ensuring that my soon to be ex-employer will have to respond back saying that she will be terminating my position in order for me to go on unemployment after my time on TDI? I just want to cover myself after I get my health in order.

    Again, a bit complex, but I was hoping to get a better idea from here.  Thanks again for the responses!

  • 07-11-2012 10:45 PM In reply to

    • Drew
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    Re: Resignation in lieu of termination - still get unemployment?

    This does not hang together well. You need more input than I have in my dusty closet...

     

    In general if you quit that is a fatal issue as to ability to collect UC --and UC can provide up to about 98 weeks of coverage so its not to be taken lightly.

    With or without any doctors note you could be let go for not showing up and that would probably stick as a killer to disqualify you from UC--plus if you are unavailable for work that disqualification



  • 07-11-2012 11:03 PM In reply to

    Re: Resignation in lieu of termination - still get unemployment?

    Karroog:
     I have been working for an employer for 3 months

    Unfortunately you do not qualify for FMLA because you have not worked there a year so that won't be of any help.  They can legally fire you.

    Karroog:
    My question is, even if I wrote out the letter I have read that usually if you resign from a position you would not obtain unemployment benefits.  Is there a way to write out a letter ensuring that my soon to be ex-employer will have to respond back saying that she will be terminating my position in order for me to go on unemployment after my time on TDI?

    I would not write that letter.  While most states consider "resign" and we won't fire you as a firing there is no guarantee.  If they terminate you for being out sick then when you recover you stand a good chance of collecting UI if you have enough work history.  I would make them terminate me but would not hand in that letter.  You have to decide what is best.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 07-12-2012 8:11 AM In reply to

    Re: Resignation in lieu of termination - still get unemployment?

    If you would have been fired had you not resigned, then you may be eligible, but only once you are able to do some kind of work.

  • 07-12-2012 8:16 AM In reply to

    • Drew
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    Re: Resignation in lieu of termination - still get unemployment?

    If employer has liberal TDI you might be wise to max up said benefits?



  • 07-12-2012 1:55 PM In reply to

    Re: Resignation in lieu of termination - still get unemployment?

    I would not resign.

    Not sure why the game-playing by the boss over the topic of what is an irrelevant issue (she's free to let you go regardless).  The notion that being "fired" for being out sick would damage your work history vs. make the employer peer like jerks is kind of funny (that said, don't know what she meant by "recent troubles").  Maybe she's implying she doesn't believe you're still sick (and it's unclear why any original doctor's note wouldn't mention an expected timeline if that's what the employer or some third-party insurance company expects to be forthcoming for payment of these benefits you mention).

    I wouldn't write any letter.  I'd tell her if she wants to fire you for being out sick, she's free to do so.

  • 07-12-2012 3:52 PM In reply to

    • Drew
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    Re: Resignation in lieu of termination - still get unemployment?

    And while in theory folks are not supposed to discriminate against you --if you are out of work and have a pre existing major medical issue you may get frequent turn downs from most employers --so if there is any way to muddle thru and get to work and smooth the waters with your existing boss so as to keep your job  I'd sure try that one.  

    Like it or not your problem is frequently associated with alcohol abuse



  • 07-12-2012 3:59 PM In reply to

    Re: Resignation in lieu of termination - still get unemployment?

    Drew:

    Like it or not your problem is frequently associated with alcohol abuse

    No Drew it isn't.  Your comment was judgemental and uncalled for.  Chronic pancreatitis has MANY causes the most common of which are high fat diets, medication complications from certain drugs, autoimmune disorders, thyroid disorders, and blockage of the pancreatic ducts.  NO WHERE on the NIH website does it list alcohol abuse as a cause. 

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 07-12-2012 4:23 PM In reply to

    • LG81
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    Re: Resignation in lieu of termination - still get unemployment?

    ClydesMom:

    No Drew it isn't.  Your comment was judgemental and uncalled for.  Chronic pancreatitis has MANY causes the most common of which are high fat diets, medication complications from certain drugs, autoimmune disorders, thyroid disorders, and blockage of the pancreatic ducts.  NO WHERE on the NIH website does it list alcohol abuse as a cause. 

    Prolonged alcohol use, is indeed, one of the many things that can lead to pancreatitis. There are many other lifestyle causes (such as a high-fat diet, which is why so many obese people often have pancreatitis or diabetes), and also many causes that have nothing to do with lifestyle choices (such as cystic fibrosis).

  • 07-12-2012 4:44 PM In reply to

    Re: Resignation in lieu of termination - still get unemployment?

    ClydesMom:
    No Drew it isn't.  Your comment was judgemental and uncalled for.  Chronic pancreatitis has MANY causes the most common of which are high fat diets, medication complications from certain drugs, autoimmune disorders, thyroid disorders, and blockage of the pancreatic ducts.  NO WHERE on the NIH website does it list alcohol abuse as a cause. 

    Try scrolling down to the prognosis heading ("Expectations (prognosis)" or "Outlook (prognosis)").

    Either way, it's irrelevant to this issue.

  • 07-12-2012 4:51 PM In reply to

    Re: Resignation in lieu of termination - still get unemploym...

    I think the employer was doing the guy a favor by letting him quit rather than firing him and that's all it was. Either way he wouldn't be eligible for UC.

    Pancreatitis is associated with alcohol abuse and getting a job with it may prove challenging.

  • 07-12-2012 4:59 PM In reply to

    Re: Resignation in lieu of termination - still get unemployment?

    Karroog:
    Because of this she told me that she had the authority to fire me because of the "abandonment of duties" situation.

    Before you make this decision, you need to find out from your state unemployment office what wrongdoing by an employee justifies "firing for cause" by the employer.  Ask whether "abandonment of duties" is a reason the employer can fire you "for cause," and what actions constitute "abandonment of duties."

    If your employer fires you "for cause," you don't get unemployment, either - and you might get a black mark on your employment history as well (I'm not sure, maybe the unemployment office staff know).  It sounds as though your employer might be planning to try that, so you should be ready to fight back.

    The unemployment office in my state seems to be very helpful, but if yours isn't, you may want to consult a good lawyer if you can find one fast enough.

  • 07-12-2012 5:08 PM In reply to

    • LG81
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    Re: Resignation in lieu of termination - still get unemployment?

    karen2222:
    If your employer fires you "for cause," you don't get unemployment, either

    That is incorrect.  There are many instances in which a firing would be considered "for cause", but the claimant would still be eligible for benefits.  It is normally gross misconduct or willful misconduct that will preclude someone from getting UIC.  When an employee truly abandons duties, that is a quit which will most often lead to a denial of UIC. 

    karen2222:
    and you might get a black mark on your employment history as well (I'm not sure, maybe the unemployment office staff know

    The unemployment office is not there to give career advice.

     

  • 07-12-2012 5:19 PM In reply to

    Re: Resignation in lieu of termination - still get unemployment?

    Karroog:
    She understood, and brought up the fact that my doctor had not faxed over the past week notice that I was still required to be on TDI.

    If your doctor thinks you should still be on TDI but just forgot to notify your employer or didn't know it was required, then in my personal non-lawyer's opinion, her "abandonment of duties" threat is an empty one.  Did she even try to contact the doctor, or ask you to?

     

  • 07-12-2012 6:26 PM In reply to

    • Drew
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    Re: Resignation in lieu of termination - still get unemployment?

    There was a time not so long ago that virtually anything passed as an excuse to qualify for UC --but  that has been tightened up many places ---so bottom line my view is if you quit or are unavailable for work or were fired for not comming to work you may be in for very low /zero odds to collect UC



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