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Can an employer force a me to resign so they do not have to pay unemployment benefits?

Scottsdale, AZ |

My husband got a job offer in June 2008 from AZ to MA. My AZ employer advised I could continue to work at my current role in MA and telecommute. I was told if volume was to decline I would have to resign. I was told yesterday that volume was down and they have accepted my resignation effected in 2 weeks. If laid off, Unemployment benefits could take a week to get paid but because of the resignation it would have to go to a judge and it could take 6-8 weeks before a decision would be made. and it could be no unemployment benefits granted. What should I do?

Attorney Answers 1


Make it clear to your employer that you are not resigning and that they are going to have to terminate you. Put this in a signed written letter and give it to HR and your boss. Keep a copy for yourself. Also send a dated email stating that you are not resigning. If they falsify the documents to characterize your termination as a resignation, you can dispute it and will have some evidence to back up your claim.

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