Forced to resign, need advise

[Babyluva]

I need help. I was forced to resign(with immediate effect) from my job, Do I still need to turn in a letter for leaving? "they" (supervisors) said they were going to take care of everything and they didnt want anything from me again. I turned in my badge and left (in my state of shock n not knowing what to think).

[cally527, RN]

​this is not necessarily true. depending on the circumstances, you could still be eligible for unemp. it depends on the circumstances. several people have posted here that they resigned but were still able to get unemp.

unemployment benefits would depend on several factors. first being what the employee tell the unemployment dept. second, whether or not the employer decides to answer the unemployment dept. honestly and /or fight the unemployment claim. . i am not aware of any state that will grant unemployment benefits to an employee that resigned because resigned means voluntarily gave up your position. if people were eligible for unemployment after resigning ( also know as quitting) a job, then unemployment rates would be much higher.

[cally527, RN]

i was "forced" to resign my teaching position. i was told i could have fought it and if i lost, would be blackballed as a teacher-which happened anyway. i was able to collect unemployment.

you should have consulted an employment attorney. that is horrible experience for you to have to go through. as for the unemployment, i was not saying it is impossible to get unemployment if you resign, just that the rules state you are ineligible to collect if you resign. (you were able to collect because the employer that forced you to resign most likely decided it wasn't worth it to fight your claim or they did not respond to the dept of unemployment within the mandated time frame.) if you resign (also known as quitting a job) you are not eligible for unemployment. if you were, then every lazy person in the country would quit their jobs and get unemployment. then when the unemployment ran out they would get another job, work for the minimal required time and the quit and start collecting benefits again. the "unemployment rate" in the country would be sky high.

[Havin' A Party!, ASN, RN]

... If you resign (also known as quitting a job) you are not eligible for unemployment...

As several have previously indicated, that is not an absolute statement of the law.

What the OP has described may not have been a "voluntary" resignation. If it is deemed to have been "forced," benefits may be granted.

[OCNRN63, RN]

unemployment benefits would depend on several factors. first being what the employee tell the unemployment dept. second, whether or not the employer decides to answer the unemployment dept. honestly and /or fight the unemployment claim. . i am not aware of any state that will grant unemployment benefits to an employee that resigned because resigned means voluntarily gave up your position. if people were eligible for unemployment after resigning ( also know as quitting) a job, then unemployment rates would be much higher.

as i said earlier, several people have posted here that they resigned under difficult circumstances with their jobs. this person had no choice; either way, she was going to lose her job. so she was essentially forced to resign; she didn't leave because she wanted to. unemployment looks at all the factors that went into the person leaving their job. there's a big difference between just quitting and resigning because you were facing termination, the op should at least give it a shot. the worst that could happen is they say "no."

[cally527, RN]

As several have previously indicated that is [i']not [/i]an absolute statement of the law.

What the OP has described may not have been a "voluntary" resignation. If it is deemed to have been "forced," benefits may be granted.

If you had bothered to read the entire post that you are quoting me from, as well as my other posts on this particular thread, you would see that I am not saying it is impossible or unheard of to collect unemployment benefits if you resign a job. As for if it is "voluntary resignation" if you are given an option of resigning or being terminated and you choose to resign, it is still considered voluntary. (Weird right? since the employer forced your hand because no one want to be terminated)

As for the unemployment, I was not saying it is impossible to get unemployment if you resign, just that the rules state you are ineligible to collect if you resign.

I am not aware of any state that states in its rules for unemployment that you may resign or quit your job and collect unemployment benefits. Every unemployment claim is a 2 sided story. If an employee/employer relationship ended poorly, it can become a he said she said type of situation. If you have a Unemployment Insurance employee that agrees that you were forced to resign or that the circumstances were hostile and that is why you resigned then you can get benefits. There are a lot of different possible stories and outcomes.

The entire point of me even posting on this thread is that it is not a good idea to resign from a job when you are being told that your choices are resign or be fired. My husband, uncle and brother in law are all attorneys that have practiced employment law at one time or another. They all say that you should never resign in that type of situation.

[cally527, RN]

as i said earlier, several people have posted here that they resigned under difficult circumstances with their jobs. this person had no choice; either way, she was going to lose her job. so she was essentially forced to resign; she didn't leave because she wanted to. unemployment looks at all the factors that went into the person leaving their job. there's a big difference between just quitting and resigning because you were facing termination, the op should at least give it a shot. the worst that could happen is they say "no."

apparently i am not being clear in my typing. (or people are only reading portions of my post.)

as i have been saying... it is not impossible. however, the rules of unemployment state that you are not eligible if you resign or quit your job. as i have stated in other posts, there are 2 sides to the story and it is possible to still get unemployment depending on the specifics of the situation and how each side presents their situation. i do not recall telling the op to not bother trying for unemployment. i was just passing on the advice that i have always heard from several attorneys that are in my family and have dealt with employment law.

when an employer tells an employee that they can resign or be fired, if they choose to resign because they do not want to be terminated, it is still considered a voluntary resignation. so although she was essentially forced to resign, she still voluntarily chose to resign. she could have waited for them to terminate her. i am quite sure that if the op had chosen to not resign, the hr dept would have told the manager trying to fire her, that they did not have appropriate cause to do so.

anywho....i hope that i have cleared up my opinion for you. i am sorry that i was not clear from the get go.

[cincytiff]

I agree, they should teach these things in nursing school. I am fortunate that I already have a degree and have worked in the field for many years and thankfully had the benefit of so many nurses who have 20+yrs of education/experience, etc. And the one thing I understand above all else is I must know my own rights. Many of the ppl. I'm currently in nursing school with truly have no real concept of what is in store for them nor do they seem to understand their role in any given situation regarding them. I can see quite of few of them in this same situation, signing any form presented to them and leaving the facility without ever critically analyzing how this may effect their careers, reputation, ability to receive unemployment benefits, etc.

[Havin' A Party!, ASN, RN]

... if you are given an option of resigning or being terminated and you choose to resign, it is still considered voluntary...

This is not correct in all cases.

Just the same as a "voluntary" confession, isn't that if it's obtained under duress.

[Havin' A Party!, ASN, RN]

... it is not impossible. However, the RULES OF UNEMPLOYMENT state that you are not eligible if you resign or quit your job...

It's not impossible because the resignation may not have been deemed a "voluntary" quit under the circumstances.

That's the rationale for what several of us have been saying.

The OP should consider filing a claim and fully explaining the reasons behind all this.

Good luck!

[caliotter3]

In my state the unemployment department personnel listen to what you have to say about leaving the job and they make a determination about your benefits. If it does not go in your favor, or if the employer contests, then you can still present your side at a hearing before an administrative law judge. It all boils down to benefits being payable on a case by case basis based on the circumstances involved. You can't make blanket statements that will fit every situation.

[Havin' A Party!, ASN, RN]

Caliotter -- Sounds reasonable to me.

[cally527, RN]

It's not impossible because the resignation may not have been deemed a "voluntary" quit under the circumstances.

That's the rationale for what several of us have been saying.

The OP should consider filing a claim and fully explaining the reasons behind all this.

Good luck!

I am done trying to rationally explain what I mean. You seem to be intentionally misreading what I have been writing. Honestly, it is posters like you that make me not want to comment at all. I never said the OP should not file a claim.

Good Luck!