NJ Umemployment denied

[dreday]

My mother recently resigned from her job at a bank because her supervisor advised her that it would be better for her future employment prospects if she had a resignation rather than a termination on her record. Termination was emminent because the paper work was scheduled to be presented to her at the end of the day. She was basically being terminated because they held her responsible for the actions of another and the bank wanted to make an example out of her.
Unfortuantely now she has been denied unemployment benefits because they said she resigned voluntarily from her job. She has a hearing scheduled tomorrow. Any suggestions on what she should do?

[Pattymd]

Just tell the truth; that she was under the strong impression (or maybe even "knew") that she was going to be fired and that the employer suggested a "resignation" would be more advantageous for her. It's very possible that could be considered a forced resignation. But the hearing judge gets to make the decision.

[CurtJ.]

Yes, the UI hearing officer gets to make the determination. And it doesn't look good. The Company didn't bamboozle her, as they were correct that a term is much worse than a resignation for future employment purposes. However, they may have been sly where they didn't tell her the effects of same upon unemployment. Or, they just didn't think about it since Employers often don't bother themselves with consequences for the employees, only for themselves.

Whatever, it is what it is and now she needs to convince the hearing officer that she did it (resigned) only at the designation of the employer. She needs to be firm and strong as to why she did it. Words like forced or pressured are better than asked and suggested, but they must be truthful. She should also add that they never told her the consquences (if truthful) and etc. If she is awarded UI benefits, then the employer might state she was terminated, since a decision would kind of say that. That is, they should honor the designation of "resigned", but once an official determiination is made that it was a term (if that's the determination), then they might report a term after all (since that's what the govt says) and she now gets a negative reference.

kinda like a catch-22.

curt j.

[pucho]

Originally Posted by CurtJ.

The Company didn't bamboozle her, as they were correct that a term is much worse than a resignation for future employment purposes.

What do you mean when you say "a termination is much worse than a resignation for future employment purposes?"

When an applicant applies for a new job, the new employer calls previous employers for reference check. In either case, terminated or resigned, what information is the previous employer(s) required to provide on a reference check? Does the law concerning this matter differ by state? Any clues appreciated. Thank you.

[Pattymd]

Because a resignation is under the control of the employee; a firing is not. It is much easier to explain why you resigned than why you were fired.

There is no legal requirement about information provided as references. Generally speaking, the ex-employer can provide facts or their honest opinion.