In many circumstances, employees are often asked to resign and sign a Separation Agreement with their employer. several clients have asked me how this will affect their ability to collect unemployment benefits.
In Pennsylvania, employees who voluntarily quit or are terminated for willful misconduct are not entitled to receive unemployment compensation. however, when a company forces an employee to resign (“resign or you’re fired”), although it seems like a termination, a resignation could be construed by the UC office to mean voluntarily quitting. since you believe that you are being forced out by the company, you will want to protect yourself before signing a Separation Agreement.
When the employer is contacted by the UC office to obtain evidence and documentation concerning the termination, the employer would be able to state that the employee resigned, which would lead to the employee being denied unemployment benefits requiring an appeal.
If you find yourself in this predicament, contact an attorney. You’ll want to get two things in writing: (1) a statement that you are not being terminated for cause; and (2) a statement that the employer will not contest your unemployment benefits. call me at 610-417-6345 if you would like a Separation Agreement Review.
My name is Eric Roberts and after being unemployed for 4 months I decided to start this website. I bring together articles from all over the web focused on unemployment, unemployment extensions, job search information and much more. If you are currently or have been unemployed, we'd love to hear your story. You can submit it on our unemployment stories page.