• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How does one explain a separation due to non-disciplinary reasons to a future employer?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I have been with my company for 8 yrs. Last year I was promoted to a new position. The stress from the position caused my already severe anxiety to rear its ugly head. I then went to my therapist who suggested multiple accommodations. My company denied the requests and opted to transfer for me to a new position. However I was required to apply for various positions. I interviewed and did not get any of the position although I had held 2 of the positions in the past for the same company.

The company offered me a small severance and Letter of Reference if I would resign. I did not feel that it was commiserate with all of the hard work that I have done. Now, I am at a point where I will be fired because of nondisciplinary reasons since none of the internal departments would hire me. This is obvious not a performance or conduct issue. My concern is how I will explain this termination to a future employer. I also noticed in the severance that it was stated that if I would resign from the position, the company would not contest unemployment. I am not sure how this would work because if the Compromise and release explicitly states that I resign, how will I be eligible for unemployment. Any advice would be appreciated.

Much Thanks,
 


adjusterjack

Senior Member
I also noticed in the severance that it was stated that if I would resign from the position, the company would not contest unemployment.
They lie. They don't have to "contest" it. It's up to the state. And the fact that you resign is all the UI people need to know to deny you benefits.
 

quincy

Senior Member
I have been with my company for 8 yrs. Last year I was promoted to a new position. The stress from the position caused my already severe anxiety to rear its ugly head. I then went to my therapist who suggested multiple accommodations. My company denied the requests and opted to transfer for me to a new position. However I was required to apply for various positions. I interviewed and did not get any of the position although I had held 2 of the positions in the past for the same company.

The company offered me a small severance and Letter of Reference if I would resign. I did not feel that it was commiserate with all of the hard work that I have done. Now, I am at a point where I will be fired because of nondisciplinary reasons since none of the internal departments would hire me. This is obvious not a performance or conduct issue. My concern is how I will explain this termination to a future employer. I also noticed in the severance that it was stated that if I would resign from the position, the company would not contest unemployment. I am not sure how this would work because if the Compromise and release explicitly states that I resign, how will I be eligible for unemployment. Any advice would be appreciated.

Much Thanks,
What sort of accommodations were you asking for in order to stay in your current position?

If you voluntarily quit your job, you will not qualify for unemployment benefits.
 

PayrollHRGuy

Senior Member
Not so quick on the resign don't get UI. If the EE was asked to resign because they didn't have a position he was capable of fulfilling that will likely be considered a discharge.
 
They lie. They don't have to "contest" it. It's up to the state. And the fact that you resign is all the UI people need to know to deny you benefits.
That is exactly what I thought. The minute I apply for benefits and put I resign that is going to raise questions. The compromise, release and settlement should be a private document., but they have offered me so little I am not sure if it makes a difference.

I looked at the pros and cons and for resignation and all I would get is a letter of reference and a couple of thousand dollars and the chance to tell new employer I resigned.

Separation- just gives me my dignity, my sick and vacation time, unemployment benefits. But I have to tell an employer I was terminated for non disciplinary reasons. I asked HR about this and they said it is just limited to time and dates, but who knows.
 

Pinkie39

Member
I would take their claim that they won't contest unemployment with a grain of salt.

I was laid off from a job a few years back. My position was eliminated. My supervisor gave me a letter stating I was being laid off. I was given severance pay. She also stated the organization would not contest any unemployment claim. Well, that's exactly what they did when I filed. I won my claim eventually, but it took extra time because it was contested.

I personally would let them fire me, vs resigning.
 
What sort of accommodations were you asking for in order to stay in your current position?

If you voluntarily quit your job, you will not qualify for unemployment benefits.
I have anxiety the office I was in was hostile. I went to therapist and we brain stormed a few things that would make it easier for me to do my job. We did not exclusively say that every accommodation had to met to help me perform. One was to have instruction or direction provided in writing, one was to when possible to give me a heads up for significant changes in work flows so I could prepare myself mentally. There were a few more but the last was change to a different quieter position.
 
I would take their claim that they won't contest unemployment with a grain of salt.

I was laid off from a job a few years back. My position was eliminated. My supervisor gave me a letter stating I was being laid off. I was given severance pay. She also stated the organization would not contest any unemployment claim. Well, that's exactly what they did when I filed. I won my claim eventually, but it took extra time because it was contested.

I personally would let them fire me, vs resigning.
what about future employers?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top