Fired but continue to work?

[Jteller97]

What is the name of your state (only U.S. law)? NY

Today I was told that I would need to leave my company because I am not a "good fit". However, instead of firing me, my supervisors have told me that they want to keep me on for the next 60 days or until I find a new job. They also stated several times that I was welcome to "not show up tomorrow" or quit if I wanted to. It seems to me like they are basically trying to force me to resign rather than terminating me so they so not have to pay UI benefits. While I understand the potential "good nature" behind the gesture of allowing me time to find a new job, I now feel like I am in a very awkward position when it comes to returning to work tomorrow. I need advice on where I would stand with UI benefits at this point if I were to resign, because I am basically being told I have been fired, it is just delayed. Or if I have any legal recourse for being somewhat bullied into potentially resigning.

 

[justalayman]

If they have offered you work and you turn it down, it pretty much disqualifies you for UI.

 

[LeeHarveyBlotto]

You'll make a whole lot more continuing to work while you look for a job than you will on unemployment. It also tends to be easier for someone working to get a new job. Regardless of their motivation, they're doing you a favor.

 

[commentator]

You have essentially been told that your employment is not being continued. This isn't really being fired, and it really really does not mean you have to resign, unless you'd like to spend your period between jobs without any income.

If you resign, you will not qualify for unemployment. To qualify you must be out of work through no fault of your own. The employer knows that. They have made what they believe is a bad hire, you don't fit in for some reason, and they want rid of you. So they are saying "you can stay" when really you are on notice that you need to be gone. So I would suggest that you take full advantage of it, and job search while working.

What they are trying to do is get rid of you without having to pay unemployment benefits. If they are the drivers in the situation of you being out of work, if they told you to leave, and you leave, then you would qualify for unemployment, and it would cause their tax rates to rise. So what they'd like you to do is quit, or let them fire you for a good reason, as in you are absent from work without permission, or simply find another job and go to it from them, without filing a claim or being out of work.

It's pretty much your choice. You don't have to tell the next place you apply to what is going on with your employer now, except that you're looking for better opportunities. "Resigning" does NOT sound better to that next employer than being laid off, you are NOT being fired for cause, no matter what they say. As long as you show up every day and do your job to the best of your abilities, your performance is not going to be a firing offense, as they well know. So do NOT resign. Keep showing up. At the end of 60 days, if you have not found another job, let them tell you to leave. Then file for unemployment benefits.

And incidentally, ignore their suggestions that you are welcome "not to show up" or to go on and resign. They may even tell you it will "look better" on your references if you go on and resign. That's not true, and it is their way of trying to keep you from getting unemployment benefits. Actually, it's to your advantage to go on and keep working and DO find another job.

And even if they no longer give you warm fuzzy compliments about your work, or even if they talk nasty to you or tell you you're no good or criticize your work trying to encourage you to get all pushed out of shape and walk out, DON'T DO IT! You are winning at this game as long as you keep being there, keep drawing your paycheck until you find a better job. If they goad you into leaving by your choice, you may feel proud and loud for a few minutes, but remember, no unemployment insurance if you do that.

Even if you are terminated, and file and get approved for unemployment, which will take at least three to four weeks to get going anyhow, longer if it is disputed, remember that unemployment, as it has been pointed out, is much less money than you'd make working, at almost any job. And it ends regardless of whether you have found a job or not, and you are required to make all sorts of job searches and do activities to find new work while you are drawing. So why not just go from this job, which is not working out, to something new?