I am being forced to resign in lieu of being terminated and am being told by the union labor rep that I will be eligible for UIB

Asked over 1 year ago - Modesto, CA

Is this true in California? I am being forced to resign in lieu of being terminated and am being told by the union labor rep that I will be eligible for UIB, I am being forced to resign because some unsavory non credible students made up stories that have not been proven however, this is not the first incident with this Administrator for me . These particular students are mostly special ed students in which I work with yet they are not upstanding students and have been troubled for long and the grades and transcripts show this for this troubled path for these students. However the admin always manages to find these students each year a new group. They have tried for years to get me and now it just may be that they have. I do not know what to do. Please help

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I am deducing from your post that you are a teacher or other classification of educator. Public school?

    There are no absolutes in law, but this caveat comes close: no educator should resign in lieu of termination until after a lengthy fact-specific personal consultation with skilled and experienced legal counsel.

    The fact is that it can take years to effectively terminate a teacher in CA, and there is often insufficient evidence for the district to meet its factual burden. Those years, and the uncertainty of outcome, can mean several hundred thousand dollars to you. Why simply hand that up on demand?

    Just say NO -- and get yourself to a good lawyer PDQ.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. James Carl Eschen III

    Contributor Level 16

    1

    Lawyer agrees

    Answered . If you resign, you may recover unemployment benefits if you had good cause to do so. Whether you have good cause to resign depends on whether your employer had cause to terminate you.

    You could resign and apply for Unemployment. The EDD will then have to determine whether your employer would have had cause to terminate you. I would consult a lawyer to help you put together a case showing that your employer had no such cause.

  3. Pamela Octavia Pitt

    Contributor Level 14

    Answered . I agree with Ms. McCall. If you resign, it will be hard for you to dispute their allegations. You need to talk to an employment attorney in your area. You need to think through what will happen when you go to apply for another job. There is always the question on the next employment application about why you left your last job. This will include the question, have you ever resigned after being told you will be fired?
    You need an attorney in your corner so these people do not push you into doing anything that will hurt you in the future. Most employment attorneys will give you a free telephone consultation.

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