Can I get Unemployment if I Resign?

Yes, if your Employer asked you to resign in lieu of being fired.

An earlier BLOG entry addresses the more general issue of whether unemployment benefits are available when an employee quits his/her job. The general rule on quitting under the Unemployment Insurance Act says an employee is not eligible for benefits if the employee “left work voluntarily without good cause attributable to the employing unit…”

When some employers fire an employee they offer him/her the opportunity to resign instead of being fired. For a separation to be a “voluntary leaving” the employee must have the option to stay employed there. If the employee does not have the option to stay, the employee has been discharged and is entitled to unemployment compensation benefits.

Please also read the related BLOG entry titled “Can I Get Unemployment Compensation if I Receive Severance Pay?”

This article is intended to provide friends and clients with general information regarding the subject matter covered. This article is not, and does not contain legal advice. This article may be considered attorney advertising.

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