Q. An employee just told me he wants to resign, but he asked to be fired instead of resigning. He said it had to do with unemployment benefits. What is the significance?
A. Usually, whether a worker can obtain unemployment benefits depends on who is responsible for the separation—the worker or the employer. Therefore, quitting typically results in a denial of benefits. On the other hand, the employee is likely to be awarded benefits if he can state that he was fired, as that means the employer is responsible for the termination. This leads to the question of whether you mind if the employee obtains benefits.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Personnel records: What to store, when to shred ... and 7 laws you must comply with
- This cup's for you: The right way to test for drugs
- If employee voluntarily quits, must nonprofit employers offer COBRA coverage?
- Shelter yourself from gathering storm of ERISA claims