QUESTION
Does resignation prevent me from getting unemployment?
Asked on Aug 18th, 2011 on Labor and Employment - Indiana
More details to this question:
On Monday I was let go from my employer. They said that the reason was not performance related. I was promoted into my position and the issue was due to the lack of acceptance from other employees of my being in the new position. They also indicated that moving back to the old position was not a good fit for me. I was told by the HR manager that not every relationship works out. They told me that because this is not a performance issue that they would pay me until the end of September, allow me to say that I am still employed there, provide me with a favorable general reference, and allow me to submit a letter of resignation so that they can tell future employers that I resigned. I would like to submit the letter, but my concern is that it will prevent me from getting unemployment compensation if I do not find employment by the end of Sept. I know that the company policy is to fight paying unemployment. Can you offer any advice?
2 ANSWERS
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If you are terminated for anything other than willful misconduct, then you will be entitled to receive unemployment compensation. However, if you resign, you will not be eligible. On the other hand, it will assist you in finding new employment if you can have a good letter of reference. Therefore, I would try to get your current employer to write you a letter of reference as a condition of your "resigning" instead of being terminated. That would be a win-win situation for both sides: the employer would not have his unemployment account charged, and you would not have a black mark on your employment history, and with a letter of reference, you will have a better chance of finding a new job.
Answered on Aug 20th, 2011 at 1:34 PM
A forced resignation may not preclude you from obtaining unemployment compensation if the employer is to blame. File a claim and/or consult with a worker's compensation attorney.
Answered on Aug 19th, 2011 at 11:39 AM