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View Full Version : Asked to be laid off and now they are taking it as a resignation Colorado


thomas459
02-20-2009, 10:54 AM
I gave my employer and ultimatum of either moving me to a different department and training another person, going contract, or training someone else and then requesting a layoff (word layoff was specifically used). Now the employer has come up with there own options, and taking what I said as a resignation.

I am now going to be training someone else (I'm the only person in North America doing this particular job) and in April after I've trained him/her, I will be considered leaving on my own free will. The general manager did state that they WILL check the box that states I left on my own free will.

I have stated my discontent is the past with my employer and specifically stated that this job has cause a dangerous rise in blood pressure and caused the doubling of my Remicade dosage. However, they haven't made an attempt, from previous conversations, to resolve the situation.

Am I entitled to UI?

Can this be legal?

cbg
02-20-2009, 11:07 AM
Asking to be laid off IS a resignation. I very much doubt that you will be entitled to UI. And yes, this is legal.

Beth3
02-20-2009, 11:15 AM
I gave my employer and ultimatum of either moving me to a different department and training another person, going contract, or training someone else and then requesting a layoff (word layoff was specifically used). Now the employer has come up with there own options, and taking what I said as a resignation. Giving one's employer ultimatums usually results in a bad outcome for the ultimatum-giver, as you discovered. You demanded to be transferred or to be put out of work. They granted your second option.

Yes, it's legal for them to accept your resignation. No, you very likely won't be eligible for unemployment benefits.

thomas459
02-20-2009, 12:14 PM
[QUOTE=Yes, it's legal for them to accept your resignation. No, you very likely won't be eligible for unemployment benefits.[/QUOTE]

Humm... does that still imply if they tell you "you are free to leave anytime you like" after telling you there options?

It's obviously not a good employer/employee relationship... why wouldn't they want to let me go and be done with it?

cbg
02-20-2009, 12:26 PM
Because if you take the initiative, which you did, they're not on the hook for unemployment.

Face it, Thomas, giving an ultimatum to your employer is a very poor career move. It doesn't matter if you used the word layoff. They have no legal obligation to make it easy for you or take a road that would allow you to collect benefits on their dime. You made it abundantly clear - do what I want or I quit. The fact that you wanted to have your cake and eat it too doesn't give you a legal right to that cake. You shot yourself in the foot and your employer has no obligation to give you a band-aid.

thomas459
02-20-2009, 12:33 PM
Fair enough and your definitely right.

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