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Unemployment
Posted by Debbie Edwards on Jul. 19, 2021 / Subscribe 3
If an employee resigns given that choice over being terminated will they receive unemployment?
3 Comments
Tim Rosbrook
Jul. 20, 2021
Whether or not the former employee receives unemployment will depend on how the State rules. First you need to contest the unemployment. Then, you may need to advocate your reasoning at a hearing before the Sate makes a determination. The State will be looking for gross misconduct. Resignation in lieu of termination can lead to denial if gross misconduct is found to be the basis of the termination
ReplyJoe DeTraglia
Jul. 21, 2021
Not if the reason for termination constitutes disqualifying misconduct as determined by the Department of Labor.
James Walker
Jul. 19, 2021
Absolutely not. At my organization, when terminating with cause, we ask the employee if they would like to resign in lieu of termination. This way, we can actually fight the DOL UI claims. Yes, they've filed claims. But we've won all of them in hearings.
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