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Arizona unemployment benefits if I am forced to resign.

Tucson, AZ |

I work for a mom and pop store and I was forced to resign. My husband is active duty army and I informed my employer last year that my husband had orders for us to pcs last October, however due to issue we did not pcs at that time but we are still going to move we just do not all of the details. I have kept my employer updated with our status and assured them I would give them proper notice before leaving as I gave 3 weeks notice (tentative) last fall that was retracted. Today I was told that I had to resign my position because they want someone who is not going to move away. Will I still qualify for unemployment benefits in this case. I planned to stay at my job until the military moved us. I did not voluntarily resign my position.

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Attorney answers 2

Best Answer
Posted

The answer as to whether you qualify for unemployment will depend on whether you can prove you were forced to resign. What would they have done to you if you did not resign? Let you go? That actually would have been preferable when it comes to collecting unemployment. You would have been let go for a reason other than having done something directly against your employer's interest.

Asker

Posted

Hi Anne, I can prove that I was forced to resign. The manager signed my resignation letter stating that they are the one initiating my resignation. It also stated I would have stayed in my position until the military moved us had they not initiated my resignation.

Anne Brady

Anne Brady

Posted

Then you should qualify for unemployment benefits.

Posted

If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

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