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I am trying to figure out the proper way to file for unemployment KNOWING that my employer is going to fight me.
Quick story....
I have been working under miserable mental conditions at a job for 2.5 years (I've been with the employer for 8 years). I recently decided to call an owner to let them know I was at the point I was going to quit. After explaining my situation the owner understood and agreed to lay me off.
Owner told me to put in my letter of resignation that I wanted to be laid off and it would be taken care of. I did so.
two weeks later the employer said they didn't understand the laws and said they won't give me unemployment because I choose to quit.
So now I am torn on how to file. To I say that I was laid off and the employer backed out after I sent my offer of resignation.
Or do I say I had good cause based on the fact that any reasonable person wouldn't stick on the job and a psychologist told me I should leave my job as well.
Your state will likely vary some, but in Texas you would be classified as screwed. As soon as you tendered your resignation, you took the action to quit and are ineligible for unemployment compensation. To preserve your right to claim payments after a resignation, you would need to be able to demonstrate that the employer REQUIRED your resignation under threat of unfavorable termination.
As you described the scenario, the confrontation was your idea and quiting was on your own initiative. Next time you make a major life changing decision, do a bit of research BEFORE to avoid this type of situation.
Your employer isn't going to have to fight this. They are going to submit a copy of your letter of resignation asking to be laid off, and the state will do the rest. The employer will need say or do anything else.
Sorry I posted this in the California forums and it was moved here. I am in CA.
To those talking about the letter of resignation.....I was told by my company to put the lay off in the letter and it would be taken care of. Thus I wrote the letter to reflect that. I'm wondering if the state of CA will consider the fact that my employer told me to put it in my letter.
My offer of resignation was written as follows....
I have come to the conclusion that I have made all the contributions I am able to at XXX. Therefore, being laid off by Company is probably the best course of action for both of us. **
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Given that, I offer you my letter of resignation and my two-weeks notice. My last day of work will be October 12, 2012.
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I will always be fond and grateful of Company and my time here. I have enjoyed working with you and appreciate the opportunities I have been given here.*
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If I can be of any assistance during this transition, please let me know.
I just don't know how to pull this off, but I encourage you to go through with it.
It's after Oct 12, so there isn't even the chance to recind your resignation, not that the employer would have to accommodate you, but if they had, you could have then started to plan your exit with getting UI in a more correct way.
If you are successful getting UI, your story could really go a long way to helping others, and if you fail, you may learn the pitfalls so that others won't repeat your mistake.
I had a company try that on me once, but I didn't fall for it and ended up getting 'truly' laid off.
I don't think they really tricked him into anything.
Honestly guys, he had a job, he wanted to quit. IMO, he doesn't deserve unemployment compensation. He told the owner that he wanted to quit and then he tried to skirt the system by turning his resignation into a layoff. Apparently the company later saw what he was doing and decided to correct it.
Applying for unemployment compensation is fraudulent in this case. It's illegal and it's stealing from the people who contributed into the funds.
Sure, it's easy to say, "He's out of work, I feel bad for him." However, it was his choice to quit before finding another job. He said that he was "working under miserable mental conditions" for 2.5 years, so he could have gone a few more weeks or months until he found a new job.
I personally don't feel bad because there are millions of people out there losing their houses and their entire life savings who would love to have a job right now, including the thread starter's job. So I don't think it's a good idea to help him steal from the people here who are really hurting.
Quote:
I recently decided to call an owner to let them know I was at the point I was going to quit.
^^^ This. I know it sucks Wolvey, but you really screwed yourself. Chalk it up to a lesson learned, and be sure not to repeat it. I don't intend to sound harsh, but as someone who's been searching for a job for two years without a single job offer, I am truly sincere when I say that you don't deserve unemployment comp.
I haven't drawn one penny in unemployment comp either, but I digress.
California is pretty liberal. I wouldn't quite give up, yet. Since you could (weakly) argue you and your employer had agreed a lay-off would be in your best interests, you might have a chance. Of course, you can say it was your understanding your employer would not contest the benefits. Cite any medical documentation you have as well.
This page contains CA's overview on voluntary quits:
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