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Get Fired or Resign - Florida Unemployment Question

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  • Get Fired or Resign - Florida Unemployment Question

    I'm new here (from Florida). I'd like to thank everyone in advance for helping me with this question.

    My husband went in to work as normal early this morning.

    He was greeted by his manager and director.

    They gave him two options. Get Fired OR Resign.

    The reason was the department stated he had not gained the confidence of his end user customer. (he worked in MIS for a very large hospital). He worked there two years, got excellent evaluations, just got a pay raise, and had never got any warnings that he was aware of.

    He was in total shock about this. At the moment of the manager and director giving him those 2 options, he chose the option to resign as this would leave the option open for him to REAPPLY to the hospital for another job, but NOT in MIS.

    My husband is 57 this year, and he was one making over $80,000 per year.

    Should we get an employment attorney involved with this case?

    Would my husband qualify for unemployment being as he resigned (rather than get fired)?

    Your help and expertise would be GREATLY appreciated.

    Thanks.
    Last edited by Jlosc; 03-23-2009, 06:06 AM.

  • #2
    In most if not all states, resign-or-be-fired constitutes an involuntary term, so I would imagine that he would be able to get unemployment, yet.

    I would never tell anyone not to consult with an attorney, but on the basis of what you have posted, I'm not seeing anything illegal. Potentially unfair, yes, but illegal, no. Is there something you're not saying that I"m missing?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Resign or get Fired - Florida

      Thanks for your reply. I really appreciate it. There is NOTHING I am leaving out (that I know of). I have told you the facts exactly as they were presented to me as I would want as honest an opinion as possible. This happened just 2 hrs ago, so my husband, as well as myself are still very shaken about this.

      You stated in your first paragraph that: "so I would imagine that he would be able to get unemployment, yet." so do you mean he will or will NOT be able to get unemployment? Thanks so much.


      Originally posted by cbg View Post
      In most if not all states, resign-or-be-fired constitutes an involuntary term, so I would imagine that he would be able to get unemployment, yet.

      I would never tell anyone not to consult with an attorney, but on the basis of what you have posted, I'm not seeing anything illegal. Potentially unfair, yes, but illegal, no. Is there something you're not saying that I"m missing?

      Comment


      • #4
        I mean yes, he should be able to get unemployment. Isn't that what I said?

        Please note that my opinion is not binding on the FL UI commission. However, I don't see any reason why he should not.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          I guess just your reply is better than none at all At least I have a little consolation. Thanks so much.

          Comment


          • #6
            Give it some time. The responders here are volunteers who do this when they can find a minute and it's not even ten in the morning yet.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              THANK YOU SO MUCH. You don't know how much your reply means to me. I will check back often for anyone elses response.

              Comment


              • #8
                You're welcome. I'm not sure anyone else will be able to tell you anything I didn't, but it's a little early to give up on the rest of the world.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  I am not saying that I am correct, but anytime I hear "fired or resign", I assume that the employer is going to later claim that the employee quit all by themselves and challenge the UI claim. I have never heard any other reason for the employer to make such an offer. In a bad economy the employer can always always claim economic restructuring if they are just trying to help the employee to save face.

                  While the employee should file a UI claim, it would not surprise me to learn that the employer challenges the claim.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment


                  • #10
                    Oh, I didn't say the employer wouldn't challenge. Just that I believed that ultimately the employee would prevail. Assuming the facts are as presented.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      Originally posted by Jlosc View Post
                      I'm new here (from Florida). I'd like to thank everyone in advance for helping me with this question.

                      My husband went in to work as normal early this morning.

                      He was greeted by his manager and director.

                      They gave him two options. Get Fired OR Resign.

                      The reason was the department stated he had not gained the confidence of his end user customer. (he worked in MIS for a very large hospital). He worked there two years, got excellent evaluations, just got a pay raise, and had never got any warnings that he was aware of.

                      He was in total shock about this. At the moment of the manager and director giving him those 2 options, he chose the option to resign as this would leave the option open for him to REAPPLY to the hospital for another job, but NOT in MIS.

                      My husband is 57 this year, and he was one making over $80,000 per year.

                      Should we get an employment attorney involved with this case?

                      Would my husband qualify for unemployment being as he resigned (rather than get fired)?

                      Your help and expertise would be GREATLY appreciated.

                      Thanks.

                      Whether your husband should resign or be fired is entirely a moot point - both for unemployment purposes and for future employent prospects. (1) For unemployment, being given the option of resigning or being fired is an involuntary termination. Nothing in your post suggests your husband won't be eligible for unemployment benefits for any reason. (2) When interviewing for future job opportunities, he's going to have to explain the circumstances under which he left. If he resigns, it will be "I resigned in lieu of being fired" so it makes no difference.

                      If he's qualified for some other job within hospital administration, he's interested in another opportunity, and the hospital would legitimately consider his candidacy, then resigning is his best bet but I rather doubt any of that's going to come about.

                      Comment


                      • #12
                        Respectfully, if the employer can provide a letter from the employee saying "I quit", and the employer denies that the "fired or resign" conversation ever occurred, then at best the employee has damaged their chances of getting UI, compared to what the chances would have been if no such letter had been signed.

                        I am going to further suggest that the sole obvious reason for the employer to make a "fired or resign" offer to the employee is that the employer believes (IMO correctly) any employee foolish enough to sign such a letter has just damaged their chances at getting UI.

                        I am not saying that there is no chance of the employee getting UI, just that there is no good reason to resign, and that the state will not necessarily believe the employee's version of the "facts", especially when the state has a financial incentive not to.
                        "Reality is that which, when you stop believing in it, doesn't go away".
                        Philip K. **** (1928-1982)

                        Comment


                        • #13
                          THANKS Daw.... I appreciate you taking the time to respond. I guess we shall wait and see if the UI is denied and on what basis.

                          Originally posted by DAW View Post
                          I am not saying that I am correct, but anytime I hear "fired or resign", I assume that the employer is going to later claim that the employee quit all by themselves and challenge the UI claim. I have never heard any other reason for the employer to make such an offer. In a bad economy the employer can always always claim economic restructuring if they are just trying to help the employee to save face.

                          While the employee should file a UI claim, it would not surprise me to learn that the employer challenges the claim.

                          Comment


                          • #14
                            Beth3, I really do appreciate you taking the time to give your views/thoughts on this issue.

                            I agree, IF there was another position available within the hospital, in which he was qualified, he would have applied for it, but there is nothing currently available within his professional scope. THAT is the reason he RESIGNED.

                            Also, in thinking how this mornings events all took place, at 7:30 am, both his manager and director were in the office waiting for my husband (which is unusual for both of them to be in that early too). Being as this was such a SHOCK to my husband, I think, under duress, he opted to take the resignation rather than sever his ties by being terminated.

                            Thanks again for your time. It is very much appreciated.

                            Comment


                            • #15
                              Respectfully, if the employer can provide a letter from the employee saying "I quit", and the employer denies that the "fired or resign" conversation ever occurred, then at best the employee has damaged their chances of getting UI, compared to what the chances would have been if no such letter had been signed. Agreed but I am assuming the employer is acting in good faith. Chances are they are but I obviously can't know that for certain.

                              Comment

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