Resignation Issues

[betelguese]

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

My employer want's me to voluntarily resign with the stipulation that if I do the company will allow me to draw unemployment. My boss also said that this offer will not be offered indefinitely and I need to decide immediately. I feel like I am being forced to resign and threatened with forfeiture of my unemployment benefits if I don't. What are my rights and what should I do?

 

[ecmst12]

Your chances of getting unemployment are MUCH better if you are fired then if you quit.

 

[Andy0192]

Original Poster - what is your age?

 

[eerelations]

You cannot draw UI benefits if you resign.

Andy0192, what does the OP's age have to do with anything?

 

[pattytx]

Agree with eerelations. The poster's age is irrelevant.

betelguese, the employer does not "allow" terminated employees to be granted UI benefits. Generally speaking, for UI purposes, a "quit or be fired" is the same as "you're fired". The employer cannot prevent you from filing for unemployment. He may protest your getting benefits, but the state makes the decision, not the employer.

 

[commentator]

Say "no thank you." Clearly. Say you love your job and you do not want to resign. Then let them do their worst. If they fire you, they cannot keep you from signing up for and probably being approved for your unemployment benefits, unless they have some good misconduct reason why they are firing you, such as chronic tardiness, absences w.o. medical statements, or a blatant violation of the company's rules. "Poor performance" will not keep you from drawing as long as you showed up and did your best. It would also require a significant trail of warnings and documentations of the bad things you supposedly did on the job.

They are trying to get out of paying you unemployment insurance. Because if they give you a separation notice that says you voluntarily resigned, your claim will be denied by unemployment, and the company knows that.

Your right is to say I do not want to resign. Then, if they fire you, without a good reason, you are in a good position to be approved for your unemployment. If they try making you so miserable you quit, keep records of everything they have done to you, and try to stick it out. Be polite and pleasant, but insist, you do not want to lose your job. Then, maybe they will do the right thing, and give you a lay off due to lack of work. If not, stick around and let them know you're not quitting, that they will have to fire you if they want to get rid of you.

The company does not "decide" to give you unemployment or not. That is based on the reason for leaving the job. Your fault--no. Their fault--yes, is sort of what it boils down to.

 

[cbg]

I'm curious as to what has transpired to make the company take such a stand.

 

[eerelations]

Me too. OP, why is your boss telling you to do this? Please respond as it could be important.

 

[Andy0192]

You cannot draw UI benefits if you resign.

Andy0192, what does the OP's age have to do with anything?

My thought was, if the employee is over age 55, it might explain why the employer is pushing them to voluntarily resign, instead of firing them & facing a potential lawsuit.

 

[eerelations]

If the OP's employer wants the OP to leave for the sole reason that the OP is over 55, then forcing him to resign will not make one whit of difference to the result of the OP's lawsuit.

 

[Andy0192]

Except that the employer would have a signed, voluntary letter of resignation, and the OP would then need to prove he/she was forced to sign.

Since the OP has never responded, it's all speculation anyway.