Resignation in Lieu of TerminationNo matter what it is called on paper, a separation that is imposed by the employer is not a resignation for purposes of unemployment. This means if you are given a choice between submitting your resignation and being fired, it is in involuntary separation even if you do technically resign.
This is also true, though a bit harder to prove, if you had a reasonable belief that termination was imminent when you resigned. Another example is a layoff where the employer may give you a choice between accepting a layoff (often with a severance or buyout) and remaining at work. The fact that you "accept" the layoff does not make your separation voluntary for unemployment purposes, since it was the employer's decision, not yours, to reduce staff.... Already a Roadmap Subscriber?Ready to Sign Up? |
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The information provided on this site is for educational and informational purposes only. It is not individualized legal advice, nor is it intended to or does it create an attorney-client relationship. Results of your unemployment application may vary, and are not guaranteed. Slnlaw attorneys are listed on the about page, and are licensed in the Commonwealth of Massachusetts.