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What can I do if the WC refuse to pay my settlement after signing the documents but I refused to sign the resignation letter?

Los Angeles, CA |

I asked my attorney to ask the defense att. to sign my letter to protect my rights for future unemployment because this is Involuntary. He said they wont sign it. (My Job refused my restrictions for light duty from the doctor and they said they did not have part time work for me)

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Attorney answers 4

Posted

If they cannot put you back to work anyway, why are you resigning?

Posted

There is a longer wait period, but you can still collect UI if you resign. Settlement and resignation are connected. You should discuss the matter with YOUR Attorney if you have questions or concerns.

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

George Ellis Corson IV

George Ellis Corson IV

Posted

Refusal to Accommodate may support Quit in Lieu of Discharge. Talk to your Attorney. Title 22, Section 1256-1(d), provides: An employee who leaves work when asked by the employer to either resign or be fired, or an employee who resigns rather than agree to a forced leave of absence, has not left work of his or her own free will. In these situations, since the employee did not choose to quit, the employer is the moving party in the separation and the employee becomes involuntarily unemployed. When an employer allows a claimant to resign rather than be discharged, the option is usually given because the employer does not desire to affect the claimant's future employment possibilities with other employers by reporting his termination as a discharge. All such "resignations" will be characterized by the fact that the claimant had no choice relative to remaining employed. If he didn't resign, the employer would have discharged him. In such cases, the claimant's leaving is involuntary and will be treated as a discharge. In P-B-218, the claimant was accused of using abusive language to a co-worker. The claimant was given the option of resigning his position or being discharged. The claimant chose to resign. In holding the separation a discharge, the Board stated: . . . [T]he claimant's forced resignation was in no sense voluntary. If he had not resigned, he would have been discharged. Having no real voluntary choice in the matter of continuing his employment, we hold that he was discharged by his employer. . . .

Posted

Why are you not talking about this with your attorney?

Posted

YOU CAN GO TO TRIAL.

It sounds like the offer was for a Compromise & RElease agreement INCLUDING a Voluntary Resignation...

If you refuse the Voluntary Resignation portion, there is NO SETTLEMENT (there's just a few signed papers).

There is no 'settlement' until the INsurer agrees to all the terms.

IDEA!!! SAY YOU'LL SIGN THE RESIGNATION FOR an extra $21,000 (about what you'd lose in your Unemployment Insurance Payments).

otherwise, prepare for Trial...you don't have any agreement... AND APPLY FOR UNEMPLOYMENT INSURANCE RIGHT NOW if you haven't already.

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