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Old 08-24-2014, 07:41 PM
 
Location: Vallejo
21,928 posts, read 25,275,029 times
Reputation: 19138

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Voluntary Quit VQ 135 - Voluntary Leaving or Discharge

Quote:
Title 22, Section 1256-1(d), provides:

An employee who leaves work when asked by the employer to either resign or be fired, or an employee who resigns rather than agree to a forced leave of absence, has not left work of his or her own free will. In these situations, since the employee did not choose to quit, the employer is the moving party in the separation and the employee becomes involuntarily unemployed.
Obviously, make sure your resignation mentions that it is resignation in lieu of termination, keep a copy of it, and all that good stuff.

Last edited by Malloric; 08-24-2014 at 07:54 PM..
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Old 08-24-2014, 07:51 PM
 
Location: Suburb of Chicago
31,848 posts, read 17,670,337 times
Reputation: 29386
Thanks for the clarification.

The first thing I would do would be to go to the Unemployment forum here on c-d and ask them if you'll get UI benefits whether you resign or are terminated. Tell them what state you live in so they can answer appropriately.

If you tell employers you resigned it can look fishy because resigning before you have a job lined up isn't the smartest move. On the other hand, if you let them terminate you, then it looks like you must have done something really wrong. You're in a bad situation because you don't want to say anything negative about the company, yet if you don't, you're almost indicting yourself.

You're not in a position of power, so trying to negotiate a deal or anything else with them is going to be fruitless. You have nothing to offer them, you're only asking for something. And why would they give you a better severance package when that could bring them trouble next time they let someone at your level go? Companies don't like to set a precedence like that.

If you're going to ask for anything it should be that they give you a letter of recommendation / reference. This way you can tweak your narrative about what happened, you'll have the letter from them, and they'll probably only confirm your title, salary range and dates of employment when potential employers call them.

You can always use the argument that you understand their decision but would appreciate some help since the job description changed, and that doing the task you're unable to do well wasn't even addressed during the interview process. It should have been, if it's such an important part of the job.

This is a tough situation, and I wish you the best of luck.

EDITED to remove the part about leaving the job off your resume since you were there for longer than I thought.
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Old 08-24-2014, 07:53 PM
 
Location: Suburb of Chicago
31,848 posts, read 17,670,337 times
Reputation: 29386
Quote:
Originally Posted by Malloric View Post

This is for CA and every state is different. If the op isn't from CA this isn't relevant.

They're experts in the Unemployment forum, so that's the best place to go.
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Old 08-24-2014, 07:55 PM
 
Location: Vallejo
21,928 posts, read 25,275,029 times
Reputation: 19138
SF Bay Area is San Francisco, which is in California.
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Old 08-24-2014, 07:56 PM
 
Location: Suburb of Chicago
31,848 posts, read 17,670,337 times
Reputation: 29386
Quote:
Originally Posted by Malloric View Post
SF Bay Area is San Francisco, which is in California.
Ha! I missed that. I do know where SF is, though I always appreciate a geography lesson!
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Old 08-24-2014, 07:58 PM
 
867 posts, read 1,591,116 times
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I once worked for a smalll pharmacuetical company and the President was asked to resign due to "being a bad match". The company was a division of a large Pharma company and the large Pharma didn't like the way the President of the Smaller Pharma was running our division. We all loved him, by the way so it was purely political on the Large Pharma President part.

Anyway, I'm pretty sure that the guy got a good severance, like maybe a year? I think it's pretty normal because you know it's going to take time to find a comparable job.

If it were me, I would ask for a year severance and then say the reason for you leaving is that it wasn't a good fit with your manager. No losing face there because this happens all the time.

You could probably get unemployment since you are not leaving of your own accord. They may try to force you to quit, but I wouldn't do that if I were you. You are NOT leaving because you didn't do your job or because you want to. You are being ASKED to leave because your boss doesn't like you. That's not your fault. There's a big difference.

It might not be a bad idea to contact an employment attorney and get some good legal advice.

I wish you well.
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Old 08-24-2014, 09:04 PM
 
Location: Portland, Oregon
10,990 posts, read 20,607,205 times
Reputation: 8261
The next time you are hired for a senior level position make sure you have a contract that addresses termination benefits.
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Old 08-24-2014, 09:52 PM
 
Location: Oakland, CA
28,226 posts, read 36,955,372 times
Reputation: 28563
Ask HR if they will contest unemployment claims. If they don't, then you can resign with no issues.
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Old 08-24-2014, 09:57 PM
 
Location: Vallejo
21,928 posts, read 25,275,029 times
Reputation: 19138
Quote:
Originally Posted by jade408 View Post
Ask HR if they will contest unemployment claims. If they don't, then you can resign with no issues.
And then they contest, wave the letter you signed saying you voluntarily quit of your own volition and it turns into he said, she said. Get it in writing.

Last edited by Malloric; 08-24-2014 at 10:27 PM..
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Old 08-25-2014, 12:21 AM
 
9,891 posts, read 11,801,816 times
Reputation: 22087
Quote:
I am senior leadership and have been at my current company for over a year. This past week my boss asked me to resign or be terminated, after bringing this up two month ago in a performance review. Generally I have been doing an excellent job, but this one job element is very important. I don't agree that I haven't been doing a good job with it, but she's the boss. Next we will meet to decide how we will proceed: define my package and what we say the reason for the change is. She wants to tell the staff and board and post my position this week. So no public saving face for me.
You were told 2 months ago, that they were not happy with one important aspect of your work. Apparently you have not made changes to solve the problem, so now they are laying you off/you resign, so they have a clear shot at laying you off with no severance of any kind. Or at least that will be their claim. That is what they have set you up for. Don't try to do much negotiation above the severance pay they propose. Go with them, or they will lay you off period and no severance. And if you want a decent recommendation you have to have them on your side.
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