Should I give a letter of resignation or accept termination if I need to receive unemployment benefits ?

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Should I give a letter of resignation or accept termination if I need to receive unemployment benefits ?

Asked on August 21, 2015 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Do NOT resign if you need unemployment if you voluntarily leave employment--that is, resign or quit--you are not eligible for unemployment, even if you resigned because your employer wanted you to. Handing in a letter of resignation would be giving them written evidence that they can use to deny you unemployment. On the other hand, if you are terminated, as long as it was not "for cause" e.g. for insubordination, for ignoring instructions, for some criminal or improper act like accessing porn on company computers, etc., you can get unemployment. That's even the case if you were terminated due to a personality conflict or poor performance.


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