Many workers have heard this: "Either you can resign or we'll have to fire you. Which do you think would look better on your resume?"
Writing out a resignation in light of knowledge that you're no longer going to be employed anyway is clearly not a voluntary resignation. You'd rather keep your job, I'm sure. It's getting more difficult to do that in this economy.
Under the unemployment compensation statutes, a voluntary termination or separation from your employer generally disqualifies you from receiving unemployment compensation benefits. This is because unemployment benefits are provided for those who have been laid off or terminated for non-work related reasons. If you voluntarily resign, that shows a deliberate choice on your behalf to leave a job you would otherwise keep.
The question of whether a claimant left work voluntarily is one of fact and within the province of the appeals referee. See Porter v. Fla. Unemployment Appeals Comm'n, 1 So. 3d 1101 (Fla. 1st DCA 2009).
So, if you are faced with an appeal of an AWI determination that because you "voluntarily" resigned from your employer under such circumstances, you need to make sure that you present a record of evidence to the appeals referee that it was a "resign or be fired" situation and not voluntary by any means.
If you have any unemployment appeals questions or would like to seek representation for the appeal, I encourage you to visit my webpage or call me at 866-666-6141. I'd be happy to discuss your options with you.
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