Job resignation/termination-unemployment benefits question

elessar78 · #1 (**permalink**) 10-28-2011, 09:06 PM

As a related question to the other thread...

So my wife went into HR today and they said that they need to terminate her position because she can't perform the duties (she can't write, but can more than adequately type on a computer or even dictate notes)... she does talk therapy.

Anyway, they asked her to submit a letter of resignation.

Normally, I wouldn't think twice about it but since she's being let go from her position we could collect unemployment to defray some of the cost right. But will that hurt our ability to collect if she resigns?

How does an unemployment claim affect the previous employer? Do they have to pay more all of a sudden or do they routinely contribute to a pool of money?

We're in a position that they're being really nice, and while they have to let her go, they have made her a verbal promise to keep the job open and re-hire her once she is able. Three levels of supervisors have assured her of this. So obviously we want to stay in good terms with them, but also don't want to screw ourselves out of legitimate monies that can help bridge our situation.

As an aside, The recovery timeline is 2-6 weeks according to the surgeon. If it's a quick recovery then she could be back to work before they can even post it. And 6 weeks is a quick turnaround to collect resumes and conduct interviews.

thanks for advice in advance.

GrimJack · #2 (**permalink**) 10-29-2011, 12:00 AM

Get it in writing if possible. If your wife is unable to work, then she probably can't collect unemployment but if she can work just not do her current job, then she should be able to do her job search. The only way to find out if she qualifies for unemployment is to apply for it; call and talk with your state Employment Security people. Never try to get through on a Monday or a Friday; call as early in the day as possible; be patient. Your wife's employers have to expect that you will apply for unemployment.

cschin4 · #3 (**permalink**) 10-29-2011, 02:09 AM

Why can't she write?

elessar78 · #4 (**permalink**) 10-29-2011, 05:34 AM

herniated disk is causing numbness and weakness in her right (writing) hand. She has to get surgery for it on Tues.

MaryB26 · #5 (**permalink**) 10-29-2011, 03:27 PM

Depends on your state's employment laws. She was in a probationary period when this happened. Do you live in a "right to work" state?

Get any job agreement in writing. Verbal agreements are soon forgotten.

cschin4 · #6 (**permalink**) 10-30-2011, 05:21 AM

So, they are going to fire her while she has a treatable medical condition? And, i thought there were some laws regarding disabled or injured workers. They couldn't find someone else to help her write, do her writing while she does a nother job, dictate to a secretary or machine or whatever? THe whole situation seems strange.

Gary Barzel · #7 (**permalink**) 10-30-2011, 08:24 AM

I would have her talk to her employers and explain that you really need the money, and you don't want to lose out on unemployment benefits because they want her to submit a resignation letter.

disneysteve · #8 (**permalink**) 10-30-2011, 08:52 AM

What happens if she just refuses to resign?

Hildalove · #9 (**permalink**) 10-30-2011, 09:02 AM

I had something similiar happen to me and now I wish that I had not resigned. So I would throw the ball back in their court and tell them I won't resign. Even if they fire her she has a case with the unemployment people if they decide she was fired unjustly. It sounds to me like they want her to resign so they won't have to pay her unemployment and that's what happened to me. If you resign it's your word against theirs but if they fire you they have to prove they had just cause.

disneysteve · #10 (**permalink**) 10-30-2011, 02:36 PM

Quote:

Originally Posted by Hildalove

I had something similiar happen to me and now I wish that I had not resigned. So I would throw the ball back in their court and tell them I won't resign. Even if they fire her she has a case with the unemployment people if they decide she was fired unjustly. It sounds to me like they want her to resign so they won't have to pay her unemployment and that's what happened to me. If you resign it's your word against theirs but if they fire you they have to prove they had just cause.

I agree. No way should she resign. Let them fire her. Then contact an employment attorney to file a wrongful termination suit. They shouldn't be able to fire her for a temporary medical condition.

elessar78 · #11 (**permalink**) 10-30-2011, 04:08 PM

Right, but we're in a catch-22 where if we play hard ball and not resign, they might not hire her back after she recovers, which really isn't that long. If we do resign then we more than likely forfeit unemployment compensation. Additionally, she loves her job and it's basically her dream job so there's that factor as well.

As I mentioned in the other thread, we have savings to fall back on but why not avail of funds that are meant for this sort of thing? There is also the Disability route, but that has to be for a year of inability to work (projected or actual). Also, as optimistic as we are, there are no guarantees that it will be a short recovery.

We'll talk to a employment attorney about it, see what they have to say. Thanks all.

disneysteve · #12 (**permalink**) 10-30-2011, 04:12 PM

Quote:

Originally Posted by elessar78

we're in a catch-22 where if we play hard ball and not resign, they might not hire her back after she recovers

she loves her job and it's basically her dream job

Obviously I don't know the whole story, but I'm not sure my "dream job" would be a place that would force me to resign if I became ill just to avoid having me collect unemployment benefits. That doesn't sound like the most ethical place to be working.

elessar78 · #13 (**permalink**) 10-30-2011, 05:30 PM

I agree. It's a big company and HR and her department and duties are worlds apart. One could make an argument that this would be a recurring thing (running across HR). She's actually not very miffed about them asking her to resign--it's me. She understands that it's within their policy. I'm approaching this from a different perspective, looking at it financially and perhaps legally.

MiikeB · #14 (**permalink**) 10-31-2011, 06:27 AM

Why can't she go on long term disability?

feh · #15 (**permalink**) 10-31-2011, 10:03 AM

Doesn't sound right to me - if it's really a condition that will only last a few weeks, they could just ask her to take unpaid leave until she's able to work again.

I think they're just trying to avoid paying unemployment benefits. But, I am far from knowledgeable on this topic.

photo · #16 (**permalink**) 10-31-2011, 10:11 AM

Quote:

Originally Posted by elessar78

A

Anyway, they asked her to submit a letter of resignation.

What is the benefit to her? Will they back-up their word in writing that they'll rehire her?

On the surface, many benefits to the company are apparent, but none seem visible for your wife.

elessar78 · #17 (**permalink**) 10-31-2011, 12:21 PM

Quote:

Originally Posted by photo

What is the benefit to her? Will they back-up their word in writing that they'll rehire her?

On the surface, many benefits to the company are apparent, but none seem visible for your wife.

You're right. There are many benefits to them and none apparent for her. I doubt that they (the company will) but her direct report, who will do any future interviewing for the position, is (for lack of a better word) enamored with her and we trust that she'll do right by us. BUT I (me) hold no illusions if things go otherwise, I'm always being accused of being a glass-half-empty guy. I like to think I'm hope for the best, prepare for the worst guy.

I asked friends in HR (in other companies) what their thoughts were. They said that Obama recently passed law that may make my wife eligible and are looking into it. Otherwise they said that what the company would pay is a nominal fee that a big corporation shouldn't flinch.

The other advice, since things are amicable, is to talk to HR and ask them if writing a letter of resignation will jeopardize our chances of collecting unemployment. It'll help us gauge where they stand on things.

disneysteve · #18 (**permalink**) 10-31-2011, 12:33 PM

Quote:

Originally Posted by elessar78

The other advice, since things are amicable, is to talk to HR and ask them if writing a letter of resignation will jeopardize our chances of collecting unemployment.

I wouldn't do that. I would ask someone at the unemployment office that question. Asking HR may not get you the most truthful answer since it is likely to their advantage for her to resign.

photo · #19 (**permalink**) 10-31-2011, 02:46 PM

The biggest question I have for HR is, "Why do you want her to resign?"

If they need to "terminate" her position, why should she resign? It doesn't make sense.

disneysteve · #20 (**permalink**) 10-31-2011, 03:23 PM

Quote:

Originally Posted by photo

If they need to "terminate" her position, why should she resign? It doesn't make sense.

It makes sense to them. It legally gets them off the hook for wrongful termination due to a medical condition. It is really sleazy for them to be doing this and probably illegal.

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