Will resigning compromise my ability to get unemployment benefits in georgia?

I live and work in Georgia and have just been asked to resign, and sign a release form/agreement, which offers me two months salary to do so. The company tells me albeit not in writing that I can still file for unemployment benefits and that they will not contest them if I do so, but will I harm my eligibility for unemployment benefits by ‘resigning’?

Should I ask for the company to instead make me ‘laid off’ or ????? in order to better protect my eligibility for unemployment benefits?

Asked on September 7, 2016 under Employment Labor Law, Georgia


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

Answered 4 years ago | Contributor

If you resign, unemployment compensation will probably be denied because resignation will be construed as a voluntary quit.  If you are fired or laid off, that would not be construed as a voluntary quit and you would be eligible for unemployment compensation.

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