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Quitting pending discharge means no unemployment comp

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in Compensation and Benefits,Human Resources

Employees who quit after being told they may be terminated aren’t eligible for unemployment compensation. That’s especially true if quitting provides another benefit, such as the ability to use the employer as a reference.

Recent case: Melanie Hult worked at a Best Buy store until she quit, following attendance problems. Before she quit, she was informed that she could resign or have her “file submitted to human resources” for possible termination. She resigned with the understanding that her file would reflect a voluntary departure and that she could use Best Buy as a reference.

She applied for unemployment, claiming she had no choice but to quit. The court said her resignation was still voluntary, rendering her ineligible for unemployment compensation. (Hult v. Best Buy, et al., No. A10-1708, Court of Appeals of Minnesota, 2011)

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