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Whether the employer contests the benefits or not, its the Unemployment Commission that decides if you actually get benefits. You do NOT GET UE IF YOU QUIT! Just keep that in your head, do NOT get UE if you quit! Look, your employer is playing word games with you, don't fall for it!
You have absolutely NO idea what you are talking about. None.
This sounds very fishy; why would they ask you to resign if you were doing so well? Something is not adding up; take the weekend the think about it than decide by Monday. Whatever you decide to do always trust your instincts and get it in writing.
I am going to call UI tomorrow morning and tell them what happened. Friends do not think my company will contest as they just wanted me to go quietly. If UI says I will have an issue, I may just have to say that I was terminated or laid off and send it through to my boss directly. As one of the writer's above wrote, it was a discharge. I also read over the action plan that my regional wrote up and there were lies. She said things in there that she never said and said that I said things that I never said. Interesting how they can get away with things.
There is, of course, risk in case you lose, then have a termination that will make it hard to get a better job. If they have written documentation of your unsatisfactory performance, then you would be better off resigning and finding a new job as soon as possible. Unfortunately, a verbal "we will not fight unemployment" means nothing, I would suggest asking for that in writing before agreeing to resign.
Depends on the employer, but many employers treat a "forced to resign" as equal to a termination. Public employers almost always treat a forced to resign as equal to a termination.
I am going to call UI tomorrow morning and tell them what happened. Friends do not think my company will contest as they just wanted me to go quietly. If UI says I will have an issue, I may just have to say that I was terminated or laid off and send it through to my boss directly. As one of the writer's above wrote, it was a discharge. I also read over the action plan that my regional wrote up and there were lies. She said things in there that she never said and said that I said things that I never said. Interesting how they can get away with things.
Just wanted to chime in again since a similar thing happened to me although not in Florida and I had not planned to take FMLA. Unemployment did look at my situation as having been laid off/fired and not that I quit. Since the company had me sign something agreeing to being asked to resign, I got unemployment and unemployment didn't even count the $ I got from the company as severance (so it wasn't subtracted from unemployment).
So, it can work out in that sense but the more you can understand from Florida unemployment and from what the company puts in writing, the safer you will be. When you call unemployment, maybe see if they can tell you how the $ you will get from your company will impact unemployment. There could be a difference between $ that is part of the agreement and $ that is for vacation days.
I do think though that it is possible they are trying to have you resign instead of firing you to avoid repercussions related to FMLA, so I would still research that angle online (FMLA retaliation) and see what you think. Maybe you can get more out of them in a resigning agreement.
I am going to call UI tomorrow morning and tell them what happened. Friends do not think my company will contest as they just wanted me to go quietly. If UI says I will have an issue, I may just have to say that I was terminated or laid off and send it through to my boss directly. As one of the writer's above wrote, it was a discharge. I also read over the action plan that my regional wrote up and there were lies. She said things in there that she never said and said that I said things that I never said. Interesting how they can get away with things.
Do NOT shoot yourself in the foot. Whether you resign or are terminated, you were FORCED to quit. Quitting implies that you would still have a job if you did not quit. In your case, you are gone either way. UI is a LEGAL process. As it says below, the first requirement is that you lost your job through no fault of your own. If you quit, UI WILL want to know why you quit and will assess if it was not your fault. In your case, if you do not quit you will get fired. Pretty clearly not on you in this one.
Do NOT DO NOT DO NOT listen to the people here who have no idea.
Tell the UI people the truth. YOU decide if you are going to quit or let them fire you. UI will make no differentiation between the 2 in this case.
Have lost your job through no fault of your own.
Be actively looking for a new job.
Be ready to take a new job when offered.
Meet wage requirements based on your previous job(s).
FMLA stuff is tricky. From my understanding, if the employer violates FMLA.....and it is PROVED......big money. I'm talkin' 24 weeks of pay BIG MONEY.
But....that can take a long time, and there's always a chance that the employee can lose.
Listen to the bunny.....
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