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

Answers:

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.


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