This is a two-parter:

Part One:

I don't know if this happens alot, ever work for a company that pressured you into resigning, instead of terminating you?

Is this method used so that employers can AVOID paying an employee unemployment compensation?

Sorry to post this again, but this is a different spin.

I think the arguement now about my leaving my organization is the fact if I was terminated or resigned.

Thing was, I never had anything in writing saying that I was terminated....do I have to have something in writing stating I was terminated in order to to received unemployment compensation.

What happened was, in THIS order, was this....I was asked to turn in my badge, keys to the building, and to not return to the premises again...I did just this, went to the HR office to drop off a document telling them how I felt about the organization, and then went home.

About 2 days later, I received something in the mail from my organization, calling that "Document' that I dropped off my "letter of resignation"

I was like "What the heck??"

Okay, first of all....to prove these people wrong.

1. It wasn't a letter of resignation, HR is just calling it that.

2. How could it be a resignation letter, if I was fired BEFORE turning in that document? As far as I was concerned, I was no longer employed with them at the time I turned in my badge and told to leave.

So what I am thinking they are going to say is "Well, that wasn't considered a termination by your boss."

Don't tell me that "Please turn in your badge, the keys to the building and not to return to the premises" is not considered a termination.

But I think I got them on number 2.

I mean, if I hadn't even dropped any thing off, would I have been better off?

What is unusual is, and I'm sure you might find this to be the same, that a government organization is going OUT of their way to avoid paying me UC.

If I currently have no income because of them, it might be even cause for a civil matter since I am a dispaced and being placed in a situation of undue hardship.

Part 2:

I was told if I do NOT resign, that I would lose vacation and sick leave

ALSO, in addition to that...that this would be considered a "black mark" for me when future employers call in for a reference.

Now, are they admitting or threatening me, that if a future employer calls in on me for a reference, they will tell them what happened?? Are they threating to make me look bad??

do I have to have something in writing stating I was terminated in order to to received unemployment compensation.

No. You don't.

Now, are they admitting or threatening me, that if a future employer calls in on me for a reference, they will tell them what happened?? Are they threating to make me look bad??

We are not inside your employer's head. How the heck do you expect us to know?

Your thread is a little on the confusing side. It sounds like your company was playing with your head a bit. Yes, I would say until you offically resigned or released you should not have turned in your badge and keys. In most situations, employers really do not care if they have to pay a former employee unemployment (it won't bankrupt them/ they pay in to UE). I would think if they really wanted you gone, the company would gladly pay the UE just to get you out of their hair. It sounds like they are opposed to paying you UE for some reason. Normally, if misconduct occured while you were employed then they will fight the UE. Other than that I can not understand why they are giving you such a hard time about this. No I do not think you have a claim of undue hardship or loss of wages. Most companies always consult with their Legal team before discharging anyone. Best advice, consult with a competent lawyer.

Dolly, for additional information, read his other posts.

It doesn't matter what any of us believed happened, it only matters what the state believes. File for Uc. If you are denied appeal. At the hearing be completely honest about the events as they happened. Don't try to analyze what you think your employer may have been thinking.

Number 2- It isn't a threat. Your employer may legally share anything they believe is true or that actually happened. This is the case whether they tell you up front or not. Since you have reason to believe their reference may be less than flattering, I'd prepare future employers for this by letting them know. If you have a coworker or other reference who can speak to your abilities there and can verify your side of the story, so much the better.