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"fired" versus "resignation"

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  • "fired" versus "resignation"

    NJ-my spouse was called in today for his first (and apparently last) evaluation, and was advised he was to be fired today due to performance issues. (all of which was a fabrication/internal co. politics-but that's neither here nor there as we are an "at will" state)

    However, they advised him he would be fired immediately, effective today, or he could sign his "resignation" and they would pay him until 2/13 and they would not go against his unemployment. They called it "resignation in lieu of termination" which he signed.

    I haven't read yet what he signed, but it sounds to me like they wanted a resignation to AVOID unemployment. Did he shoot himself in the foot by signing????? Thanks for input

  • #2
    Not necessarily. In many if not most states, a "resign or be fired" situation still qualifies you for unemployment even if you take the "resign" option.

    I'm not saying that isn't what they had in mind; I'm saying that if they did, they're in for a surprise when his UI claim is accepted.
    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.

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