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Collect unemployement if forced to resign?

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rackline

Junior Member
What is the name of your state?Massachusetts - Under threat of dissolution and potential bankruptcy, I have been forced to sell my 1/2 of a small company to my partner. Part of the agreement is that I resign as President of the company. Am I able to collect unemployment where it appears as though this is a voluntary resignation? The alternative (dissolution) was that there potentially may have been as many as 6 unemployed employees.

Thanks for your help!
 


rackline

Junior Member
Subchapter S Corp

Massachusetts - Thanks for your reply. I was a 50% stockholder and president of a small (5 employees including me and my partner) computer company. As president I received a weekly paycheck. My partner and I disagreed about adding a third partner who was not needed for financial reasons. Her postition was add a partner, buy her our for her price, or disolve the company. I was unable to meet her price, and not wanting to go through a long legal battle I accepted her buyout offer. Part of her buyout offer was that I resign as an employee and director of the corporation.

Thanks
 

cbg

I'm a Northern Girl
Whether or not any individual can receive unemployment is too situation specific to be answered here with any certainty. You can certainly apply for unemployment - the DET (or whatever we're calling it these days) will tell you soon enough if you don't qualify. There is no penalty for applying when you are not eligible. Anyone can apply, and in fact, state law in MA requires that an employer provide you with information on how to apply even if you've left voluntarily for a great new job at three times your old salary.

I've never had reason to investigate whether or not resign-or-be-fired, which is essentially what you're talking about even though the circumstances are slightly different, is a valid reason to receive benefits here in Massachusetts, but it is in many states. Massachusetts is pretty reasonable about things like this - I can't guarantee it but if I had to place money either way I'd place it on your being able to collect.
 

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