Have a question on Resignation: My friend made serious error at work for the first time. None of his co-workers backed him up. It was to him a set up. Now the Boss talked to him and gave him two options:1) resigned and he will not have that incident in his record(to me this one is a threat...why?...the patient was found <Alzheimer patient> Option 2)he will be terminated and that incident will be put in his record (another threat). Both did not give him a chance to claim UC after so many years of faithful service to this company. To my unprofessional mind and understanding they did not give him much of a choice. This was 6-months ago....Can he still fight and draw his unemployment benefits? Please advice! I saw this couple on OUR dear friend's funeral last Monday. I promise to give him my answer out of this wonderful, and knowledgeable group.....
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Resignation or Termination?
(8 posts)-
msliberated
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Post Count: 443Posted 2 weeks ago # -
msliberated
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Post Count: 443Oh! I forgot to mention that he choosed resignation because he thought he could find another job right away. Not so , with this crappy economy....
Posted 2 weeks ago # -
OnYourSide
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Post Count: 405That's too bad about your friend, mslib. Just the fact that his employer gave him the "choice" of resigning or being fired means they thought they had a shaky case to keep him from getting Unemployment. If they truly thought they had a strong case to fire him for "gross misconduct" that would have held up and kept him from collecting Unemployment benefits, they would have just done that. Unfortunately, after six months, it's going to be a long, hard, uphill battle for your friend. But he should STILL apply. It's worth a shot.
Posted 2 weeks ago # -
msliberated
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Post Count: 443Thanx OYS, I assume he can also ask UC to provide him legal council. These people truly fired him illegally. And just like what you said they were too fast to push him out the door using the "at will" employer's CREDO to force him to sign. This friend is also ASIAN and over 40. And, the Boss who fired him was "GAY" whom he said always desliked him.
Posted 2 weeks ago # -
OnYourSide
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Post Count: 405Yes, he can certainly request legal representation when it gets to the Hearing stage. Have your friend send me an email and I'll help him write his initial claim.
Posted 2 weeks ago # -
msliberated
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Post Count: 443OnYourSide, while I was so energized in helping him out, my hubby brought out a important point to consider. My friend's wife also work in the same place and still employed there. If he fight for his UC is it going to effect her? I'm concern that the boss might go after her when he gets served by legal papers from Unemployment Office.
At this point she is the only one bringing home the bacon. That might be a problem?Posted 2 weeks ago # -
littlelulu
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Post Count: 2914In my opinion, THAT would be MAJOR retaliation to go after the wife because the husband files for unemployment benefits. OnYourSide probably has more insight into this scenario than I do so I will defer to her expert advice.
Posted 2 weeks ago # -
OnYourSide
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Post Count: 405Well, they COULD go after the wife because the husband files for unemployment, but not if they're smart. Because then they'll lose TWO unemployment claims.
Posted 2 weeks ago #
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