Un-employment Benefits

I moved from Chicago to Atlanta about 9 months ago. At the time of the move, I went to resign from my employer which I had worked at for 9.5 years. However, my manager requested that I work remotely until he hired new people on the team. I am currently working remotely and completed 10 years. There is no policy in the organization for remote work; it solely depends on my manager’s discretion and how he can presents the case. However, this morning, my manager said that they have found someone, so asked me to submit my resignation. I told him that I am ready to continue remote work so it is company needs that have resulted in my no longer having work, therefore he should give me pink slip accordingly. Will I be able to file unemployment benefits if I submit my resignation? Should I refuse to give resignation and be adamant on asking from them for a termination letter? What impact would this have on an unemployment benefits filing?

Asked on March 16, 2018 under Employment Labor Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you resign, you won't be eligible for unemployment compensation because resignation is considered to be quitting voluntarily.  Refuse to submit a letter of resignation because your employer will use a resignation letter against you to deny you unemployment compensation.
If you are fired by your employer, under the circumstances you have stated, you are eligible for unemployment compensation because your termination is not due to misconduct.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.