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No they don't. You said yourself you chose to leave so they have 0% responsibility. Not signing it is lying and you should be honest and sign it.
As one who DID go to law school, passed a couple bar exams, practiced law for a while (a decade) and then went to the bench as a tribal judge, I do not think it is at all safe to assume that employer A has 0% liability based on what has been said in this posting. Given that UI varies state by state, and the rules are wildly variable when an employer is ceasing business, as is the case with employer A - both the reason why the resignation occurred and why the former employer A is looking for this signature - there is NO WAY to know, absent a legal opinion from an attorney who is well versed in THIS PARTICULAR STATE'S unemployment compensation reimbursement scheme, what the effect of signing this document actually is.
Not signing the document is NOT dishonest. When the application for UI was made, the situation was explained. If the state unemplyment compensation office ACTUALLY needs more information to accurately apportion responsibility for costs of UI claims, they will contact employers' prior employees and request that information on official documents. To have an employer approach a former employee requesting an immediate signature on a "homemade" release -most likely drafted by the employer's attorney - and insisting it is harmless, etc. reeks of bad faith and potentially an attempt at fraud.
Signing nothing prevents one from inadvertently becoming a co-conspirator in a scheme to defraud the UI authority, from potentially delaying or negating a legitimate claim for UI benefits under the applicable state UI law, and affords one the opportunity to consult legal counsel should one have the time, money, and inclination to do so. This last option, though, is solely a voluntary undertaking -- not mandatory under any bizarre new definition of honesty based upon mythical UI rules.
Assuming the OP lives in a state where employer A has to pay a portion of the UI claim even though OP left them voluntarily, why is employer A asking for the letter? What are they trying to accomplish? If the UI rules say that employer A has to pay a portion, even though the layoff was due to employer B, then what purpose does the letter serve?
Thanks, I didn't think I should sign.
Prior employer might be downsizing and keeping the name, but closing shop and letting go employees.
I'm glad to hear that the employer that actually let me go is paying something!
Sounds like the former employer is pretty shady. I would also recommend informing Unemployment of the situation. Hope you find an amazing new job!
Are you nuts ? You have nothing to gain from signing it and everything to lose. You would also be committing fraud and could be liable to repay all the money you have gotten so far, and possibly worse.
No they don't. You said yourself you chose to leave so they have 0% responsibility. Not signing it is lying and you should be honest and sign it.
You have to understand the difference between what makes common sense and what is moral/ethical and the way the state laws are set up for Unemployment Insurance. Many states have a formula, as has been explained in this thread, that allocates percentages of costs to various employers going back one year.
Unemployment is set up as insurance. The employer is not paying the actual benefit, but their unemployment insurance premiums do go up depending on how their claims history works out. Every employer pays premiums whether they have ever let someone go or not, based on the salary of the employees and their modifier.
Whether the employee left 1 job voluntarily or 10 in a year (or whatever the term is in that state), if the person is let go involuntarily by the last employer, the premiums and how they are allocated are up to the state that they are in and increases will potentially go to previous employers as well.
As long as the person filing is not lying on their application to unemployment, they are under no other obligations to anyone and I am guessing anything they sign will have no bearing on what the state does regarding UI premiums. (though I am not 100% certain as it depends on the state program)
I agree, did the OP lie and say they were let go from the first job to get the unemployment?
I can't speak to what they OP did, but you would not need to lie at all to get unemployment in this situation. Its just how the system works in most states.
I think some of you are really over thinking this. If the request didn't come from unemployment there is zero obligation to sign something one of your former employers gives you. And I must have a much different definition of lying than a lot of people in this thread. No where in my definition does refusing to sign something equate to lying. In fact it makes it impossible since by refusing the person is not agreeing or disagreeing with the document.
I see your point. I was looking at it as a "sin of omission", in which not signing the letter stating that she had left voluntarily implied that the opposite was the case.
I still think it's screwed up that an employer that was left voluntarily can be penalized for what happened to someone at their next employer. I would imagine that there is some sort of official appeal process for the first employer to follow, and that would probably involve the UI folks trying to verify if the termination was voluntary. If not, then it probably means they don't give a flip and so some letter probably isn't going to help anyway.
If asked, the OP should be truthful but make it clear that her claim is based on the more recent employer where her termination was not voluntary.
So I hope you are still listening. I have received a notice in the mail that employer #1 did dispute my benefits, and UI sent a letter saying,
" The claimant had other employment after working for you and before filing this claim, and earned remuneration in the subsequent employment equal to or exceeding 5x the benefit rate payable on the claim. Therefore, any potential disqualification for voluntarily leaving employment with you does not apply. For this reason, no determination will be made, and your account is chargeable under Section 581.1e.
Consequently my old employer (with the lawyer for a husband) sent his letter saying
"........ If the Department of Labor does not accept the assertion that Ms. x voluntary resigned from xxx for the reasons stated and insists upon a hearing on this matter to establish those facts, xxx requests such a hearing. Ms. X will be supoenaed for such a hearing.
So....do I need a lawyer? UI says I can either have a lawyer or not, or just bring a friend.
Remember I am unemployed!
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