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1) i am pretty sure that if you resign (not terminated) you will not be eligible for unemployment. the company wants you to resign because that puts you in a weaker position if you were to sue them for wrongful termination. if you sign an agreement with a severance package, that reduces further the chances that you will sue them. company's #1 priority right now is not to get sued.
2) go ahead and ask for a large severance. they will likely try to negotiate. if you don't like it, say that you want to be terminated so that you can collect unemployment. i believe you can collect for something like 99 weeks. it isn't that much but it's better than nothing. don't be too surprised if they just offer you what they offered everyone else...
3) resigning is better for you too though because you can craft a story for your next job that ends in "so i quit" as opposed to "so i was terminated." you can say that you were doing well but there were issues and you really didn't see a future staying there so you quit, etc.
4) as for your story for the company there are some typical ones like "want to spend more time with family (heck, michael jordan used this one and then got divorced shortly after)", "i have decided to move on (and leave it at that)", "i have decided to take some time off to travel", "i decided to move back to (wherever you came from)", etc.
I haven't read thru this whole thread, so I don't know if this issue has been addressed.
If you QUIT--resign---you can't collect unemployment. That's true in most states. If you are fired for any reason other than gross misconduct, you can collect UE.
Look into how long you need to have worked at that job to collect UE. I think its 3 months, they may be trying to goad you into that position. Don't balance UE against severance pay-----if you get SP, its based on how long you've worked, my dh was "laid off" from a job he'd worked at 5 years and got one week for every year of service I doubt 3 months would qualify you for much of any SP benefit. Also, if you do collect SP, that might interfere/reduce any UE you may receive.
IMO, REFUSE to quit. Its in your favor financially to be fired. You are still eligible for COBRA----if you can afford it----after being fired. Don't sweat the reference stuff, eligible for re-hire. In many cases they won't even look back for a 2-3 month job. Usually you can cloak it on your resume/application due to the short time spent there. Of course, there's the possibility of such catching up with you later, but you don't need to lead a job application with your deficiencies.
You moved your family cross-country to be told you're not acceptable, when you barely were unpacked. That's a real blow, I do think sometimes people have sued in such circumstances, but its not worth the emotional strain while looking for something else. I would fear a lawsuit haunting me more than being let go.
My Dad always drummed into me DON'T EVER QUIT A JOB! Now I see why
Itd be hard to answer without know " that one thing" you did. If it was an unethical thing shady thing or not. Details please.
I am not sure what a "Senior Leadership" position means.
They moved you, so they must have vetted you. Your performance reviews have been good--how many Senior Exec performance reviews do you have in one year? That sounds odd.
You have a "deficiency" which needs to be corrected.
Unless it involves the above......unethical, illegal or immoral.....they should be working with their hire to make you a well rounded employee. We all have weaknesses which are addressed.
Something smells here.
So....assuming you are a Senior Exec and you have SOME leverage...i.e., didn't do something really 'bad',
offer to resign in exchange for a year's base, continuation of benefits, a letter of recommendation and whatever else you "want".
Then negotiate, but Senior Exec's don't get fired and don't worry about collecting a few bucks of unemployment. They worry about their reputations and getting on with their careers.
Strange for "sr management" to ask such basic questions in a public forum.
Performance improvement was not achieved apparently. What the official answer to the standard question "eligible for rehire" is depends on company policy. Probably a simple yes/no. The small print on applications allows a potential employer to contact references not listed such as former peers/managers.
Being asked to resign is one of several signs your association with an organization is ending. It is time to seek employment elsewhere and prepare to move on.
Even if you are being punctual, exceeding the company's expectations, bringing business to the company, and perform well, companies are terminating anyone for any reason.
In addition to what others state, I'd try and maximize my state unemployment (not sure if resigning/ firing is better) and would be concerned with health insurance (you can do COBRA, but that may be very expensive).
If you've only been there for a little over a year and you say, "What they have been asking me to do in the last couple of months is well outside of my experience and was not what I was hired for. And that's why I am moving on. That's the truth. I guess that's the best of what I can say. It is frustrating because I have done a great deal of good work but there's been a pivot," I don't think there's anything wrong with portraying this as what it is: a mutual decision that you were not the right person for the job.
They made a mistake when hiring you if they knew the true job description and hired you in spite of your lack of experience in that area. If the description really did need to change so drastically and you were not qualified to meet it in the VERY SHORT time frame your boss gave you to get up to speed, that's not your fault either.
If it were me, I would flat out ask her to recommend me to future employers within the parameters of what you do well and get her agreement not to argue about you filing for unemployment compensation. I would also use that as my reason for asking for a large severance. YOU are not the one who made the mistake in this mismatch. Play up your "I moved and you changed your mind" sob story for all it's worth.
Then just cut the cord. Take the severance check and file for unemployment the first day after you leave. Don't hang around with fake "working from home." It will just complicate matters if you DO get a new position right away. It will also inhibit you filing for unemployment compensation. If you have to call it "fired" to be eligible for unemployment, then do it. Better to get the money than trade it for the nice word "quit," which many people won't believe anyway.
Best of luck to you. It stinks that you moved for this bad outcome.
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