Can I collect unemployment insurance for being forced to resign?

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Can I collect unemployment insurance for being forced to resign?

I have been employed through my security company for almost a year now and I recently had a minor accident in one of the patrol vehicles. I didn’t verbally report the accident to my supervisor immediately when it happened. Instead, I wrote a irregularity report along with a inspection sheet that I turned in the following day. Because of this action my job told me that it looked like I tried to cover up the fact that I committed the accident. They have given me the choice to resign along with a good reference or get fired. What should I do?

Asked on April 10, 2012 under Employment Labor Law, Texas

Answers:

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

Answered 9 years ago | Contributor

If you resign, that will be construed as voluntarily quitting and you will be denied unemployment compensation.  If you are fired, you will be eligible for unemployment compensation; however, the company will probably challenge your filing for unemployment compensation and will claim that you should be denied unemployment compensation due to willful misconduct regarding covering up the accident.  You will need to argue that there wasn't any willful misconduct and that you did not cover up the accident because you filed the irregularity report with the inspection sheet.  Prevailing in that argument and showing there wasn't any willful misconduct should allow you to be awarded unemployment compensation.  If there is an adverse ruling in the case, be sure to follow through with the appeals and timely filing the appeal because without a showing of willful misconduct you should be eligible for unemployment compensation.  Don't miss any filing deadlines if you have to proceed with appeals; otherwise, appeals will be denied.


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