mutually agreed termination (Fire Island: unemployment, transfer, vacation)

[bluem]

Hello,
I was recently laid off due to a merger and the employer and I decided upon a mutually agreed date (two weeks) by when all the knowledge transfer would be complete.

I would be filing for unemployment.

Can anyone suggest me what to put in the reason for unemployment on the website? I dont want to be put in a condition that the employer denies my claim and says that we didnt terminate you, you resigned.

I never resigned verbally or on paper.

thank you!

[nybbler]

This page lists a number of reasons for unemployment:

https://labor.ny.gov/ui/claimantinfo...pplyfaq.shtm#1

Several might apply:
Your job was eliminated
There was an involuntary reduction in force
The company downsized or shut down
The company restructured or reorganized

I'd probably go with restructured/reorganized, because of the merger.

[bluem]

thanks for the response.

The date was decided mutually -- although I asked to be let go 3 days earlier because I had a vacation planned. Do I need to state this in my claim?

And should I worry that the emplyer might use it as a sign of resignation, and deny my claim.

Note that I never resigned verbally or on paper, so my employer can prove that I resigned.

[Kefir King]

bluem,


Why did you not get their request for your layoff ON PAPER. Think hard, it's rare that this would all have been handled just verbally.

The weekly phrase that you will repeat as a mantra: "lack of work."

When I was let go a million years ago I was asked to resign and could leave whenever I wished. I said that I wanted that request on paper. I showed it to Unemployment and that was that. Had I just resigned I'd probably have had a hard time of it.
(Gosh that was during the "depression" of 1973 and was able to collect for an entire year...first time in history that extensions were applied. The regular checks made for a VERY fun year...all Summer at Fire Island.)

[bluedog2]

Originally Posted by bluem

thanks for the response.

The date was decided mutually -- although I asked to be let go 3 days earlier because I had a vacation planned. Do I need to state this in my claim?

And should I worry that the emplyer might use it as a sign of resignation, and deny my claim.

Note that I never resigned verbally or on paper, so my employer can prove that I resigned.

And you can't prove that your termination was precipitated by them.

Sounds to me like you just took a vacation and decided not to come back

[Kefir King]

I dont want to be put in a condition that the employer denies my claim and says that we didnt terminate you, you resigned.

Alas, that is EXACTLY the position you put yourself in.


Try it though because the administrative judges that hear appeals on disputes have heard a MILLION employers try the same scam to avoid paying more into the Unemployment fund, so they bend a bit for the employee.

Friend was fired by a phone message: "Don't come in on Monday we don't need you anymore. The lock has been changed and you will be told when you can get your things."
Employer said friend had QUIT and he produced the tape (from the old Panasonic Machines that held a cassette) and played it for the judge. That must have been one red faced employer...who, if there was justice in the world, should have been locked up for fraud.