Forced Resignation Question (health insurance, attorney, unemployment benefits)

[Schel]

Hi,

My husband recently was forced to resign. It was either this or termination due to not following a procedure to "lock out tag out." So long story short, he resigned thinking this will help with applying for other jobs in his field.

Until the question came up in a future applicaiton were you ever terminated or forced to resign. So being forced to resign doesn't look or sound all that great.

Should he try to apply for unemployment? I think he should he said he will not get it. I think might as well try what can they tell us... no denied?

Thanks for insight here.

Talk about turning our world upside down!

Schel

[demtion35]

Lock out Tag out, does/ did he work in a factory? Safety related then?

[Ghengis]

it has to do with de-energizing/securing electrical and/or mechanical equipment, typically in maintenance/engineering/electrical work. I could see how a no tolerance policy could be administered depending on the circumstances and environment but for a first time occurrence it's a bit extreme.

I'd file for the unemployment, they may not wish to fight it anyways and not reveal the forced resignation as more and more companies are hesitant to reveal little separation details in fear of lawsuits coming back at them.

I can provide (DM me) a legal referral that specializes in this sort of thing and would likely strike fear throughout the previous employer's legal department at the mere mention of this attorney's name. Consultations probably wouldn't cost a dime.

[golfgal]

I would file for unemployment. The worst the company can do is say no. Have him get online tomorrow and sign up. There is a waiting period before benefits start so you do need to sign up as soon as possible. It will come down to what the company says is the reason for dismissal but it is possible they offered him the option to resign so the could avoid unemployment. If the firing was justified, you won't have much of a case. If not, you should fight the company at least for unemployment benefits.

A side issue-what will you do for health insurance? If he had coverage and you plan to take COBRA, I would suggest you get some quotes from Health Partners, Blue Cross and Cigna (you can do that online) to get some individual policies. Most likely they will be much less expensive. Just make sure you review the coverage and deductible options carefully.

[Schel]

Originally Posted by Ghengis

"and not reveal the forced resignation" as more and more companies are hesitant to reveal little separation details in fear of lawsuits coming back at them.

I can provide (DM me) a legal referral that specializes in this sort of thing and would likely strike fear throughout the previous employer's legal department at the mere mention of this attorney's name. Consultations probably wouldn't cost a dime.

So are you saying not to reveal the forced resigination on the applications he is applying for?

What did you mean by (DM me)?

[Glenfield]

Originally Posted by Schel

So are you saying not to reveal the forced resigination on the applications he is applying for?

What did you mean by (DM me)?

DM means direct message. Go back to his post, click on his name (in blue) and you'll see a drop down menu that includes "send a direct message." click on that and you can send him a message privately.

[Ghengis]

Originally Posted by Schel

So are you saying not to reveal the forced resigination on the applications he is applying for?

What did you mean by (DM me)?

I would indicate on his future applications that he left on his own volition. Don't think I can post an attorney referral on the forum but I have a recommendation if you are so inclined.

[Clifford63]

Many companies have zero tolerance safety violation when it comes to lock & tag. It should be something all employees are well aware of and most likely he signed paperwork that acknowledges they are aware of the rules and no tolerance policy. It is not uncommon to hear that rules like this are not rigidly enforced or the policy is sometimes used as a reason to terminate compared to other reasons that take more documentation. I would apply for unemployment. Worse case is denial, but you might get lucky. Also, company may not have filed paperwork regarding the incident, so you might catch them with pants on the ground or you may find they decline to fight application for unemployment. Safety violations are a big deal because they can result in fines and other things like higher insurance rates.

[Cruz Azul Guy]

Regardless of what the Company says, eligibility for unemployment benefits will ultimately be a decision made by your state's unemployment office by a judge at a hearing. The Company your husband was forced to resign from may decide to fight it, but it doesn't mean he still wouldn't be awarded benefits. He could also appeal the decision and many times the individual will be awarded benefits in an appeal decision. I would be more worried about getting another job though......unemployment checks are marginal and rarely equate to a sum that can pay the bills.

[Schel]

Originally Posted by Cruz Azul Guy

Regardless of what the Company says, eligibility for unemployment benefits will ultimately be a decision made by your state's unemployment office by a judge at a hearing. The Company your husband was forced to resign from may decide to fight it, but it doesn't mean he still wouldn't be awarded benefits. He could also appeal the decision and many times the individual will be awarded benefits in an appeal decision. I would be more worried about getting another job though......unemployment checks are marginal and rarely equate to a sum that can pay the bills.

Unemployment would be welcomed, especially when the other option is nothing coming in our way.