Unemployment and Forced Resignation

Workers’ Compensation Laws

Unscrupulous employers may try to get rid of employees with on-the-job injuries for a variety of reasons. Perhaps the employer wants to avoid workers’ compensation claims or doesn’t want to be required to accommodate any work restrictions the employee might have. If the employee needs time off work to recover from a workplace injury, the employer might want to replace the employee permanently rather than holding the job open.

Regardless of the employer’s underlying reasons, it is illegal to fire an employee because that person has suffered a work-related injury. Such injuries are subject to workers’ compensation laws, which prohibit employers from firing employees just because they file a workers’ compensation claim or collect benefits.

The whole point of workers’ compensation insurance is to provide a no-fault system to pay employees for the medical expenses they incurand the work time they losedue to on-the-job injuries. If employers could simply fire any employee who makes a workers’ compensation claim, the purpose of the system would be defeated.

Severance Packages

The company has no obligation to offer a severance package, however, depending on circumstances, a package may be offered, or you may be able to ask for severance. It certainly can’t hurt to ask, and severance pay can help with expenses while you are seeking a new job. You may be able to negotiate continued health insurance benefits for a specific period of time. Also, the company may opt to allow you to collect unemployment and not contest your unemployment claim.

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What to Say During a Job Interview

Before you say why you resigned during a job interview, be sure that your response syncs with your previous employer’s response in case they choose to provide one. It will be a hiring red flag if what you say doesn’t mesh with what the company says.

Review sample interview answers you can tailor to fit your circumstances when you are asked why you resigned from your job. Be direct and focus your interview answer on the future, especially if your leaving wasn’t under the best of circumstances.

How do you announce a forced resignation

Answered By: Caleb Turner Date: created: Mar 17 2021

To announce the employee’s resignation, send out an immediate email to all employees stating that Mary has left the company to pursue new opportunities effective on today’s date. You might add that you wish her success as she pursues her new opportunities.

Asked By: Jesse Thomas Date: created: Mar 21 2021

What to do when your boss is trying to make you quit

Answered By: Geoffrey Phillips Date: created: Oct 23 2021

What to Do If You Think Your Boss Wants You to QuitStart researching new careers. … Don’t blame yourself. … Make your time away from work more enjoyable. … Visualize the type of work environment you want in the future. … Request a meeting with your boss. … Remind yourself that this too shall pass.

Asked By: Michael Kelly Date: created: Jun 16 2021

Why its important to understand the reason youre being forced to resign

It's important to understand the reason you're being forced to resign because you still may have options as an employee. For example, if you suspect you're being wrongfully terminated, then you may want to contact the department of labor to learn what options you have. Likewise, if you're being forced to resign because of reasons that were beyond your control, you still may be able to maintain a positive relationship with your supervisor or colleagues after you leave the organization.

Related: How to Write a Forced Resignation Letter (With a Template and Examples)

Contact an Attorney

If you are forced out of your job because of a workplace injury, you should consider a consultation with an experienced employment or workers’ compensation lawyer. A lawyer can help you negotiate a severance package to soften the blow. If your employer isn’t willing to compromise, a lawyer can explain your options and take steps to protect your rights.

Voluntary Resignations due to Medical or Family Circumstances

Unemployment benefits are intended for those who have become unemployed through no fault of their own.  When employees quit for medical reasons they may be eligible to receive unemployment benefits.  It is important to determine whether they took reasonable steps to protect their job, like asking for or inquiring about medical leave.

Medical reasons go beyond personal illness and extend to family members as well.

If employees need to take care of a seriously ill or disabled family member, their job may be protected under FMLA.  If not, in order to receive unemployment benefits, the employee must be able to seek and accept work.

Sometimes reasons for quitting aren’t related to medical issues. Occasionally, employees will quit when their spouses relocate for another job. This is known as a trailing spouse provision and allows benefits to be paid in the interest of keeping the family together.

Case Applications of Forced Resignations

Not all forced resignations occur in a traditional manner. For example, a benefit claimant and the employer signed a one-year contract. During the early part of the contractual period, the claimant told the employer that she would not be signing a further contract with him for another year. Seven months later, before the expiration of the initial contract, the claimant was told that the employer had hired someone else and that her last day would be the following month and the claimant was discharged. When she filed for benefits, they were allowed. This was s constructive discharge and there was no misconduct. (96 AT 2846 BR)

In another case, a claimant was unable to pass a test required for him to keep his job. He was told that he would be dismissed. He resigned to avoid the discharge. Benefits were allowed as this was a constructive discharge with no misconduct shown. (90 AT 9207 UCFE BR)

Benefits were also allowed to a woman who was employed as an executive director, although many of her duties were secretarial in nature. The employer revised her job description adding more responsibility. The employer was told she could apply for the position. She declined and submitted her resignation. The Board held that the employee was constructively discharged when she was told that applicants were being sought for her position. There was no evidence of misconduct. (90 AT 7215 BR)

Forced resignation can save face, but often, the employee will still be allowed benefits. If you have questions regarding your situation, you should bring them to an  Oklahoma unemployment attorney. Contact someone trained and experiences in the law regarding unemployment benefits for an assessment of your situation.

Voluntary Resignations for Good Reason Caused by the Employer

Changes to employees work schedule, position, or hiring agreement can sometimes cause voluntary resignations. This is true even if the hiring agreement states that the employees must be flexible in their time and tasks. Employees who have been working the day shift for years have a reasonable expectation that they’ll continue on this shift even if their hiring agreement specifically indicates they will work nights. Changing their shift to nights could cause personal issues, such as childcare, necessitating a resignation.

Sometimes employers try to help employees with performance issues by demoting them, changing their role, or assigning them another shift. Employees in this situation are often surprised that the hiring agreement has changed and will voluntarily resign with good cause. Despite good intentions, generosity can often backfire on employers.

Finally, changes to the environment and culture can cause voluntary resignations. Issues can be related to co-workers, desk location, and even temperature to name a few.  If employees have problems with things in the work environment, employers must show that they made a reasonable effort to resolve them.

Just because employees quit doesn’t mean they can’t collect unemployment insurance. Voluntary resignations that result in benefits paid to employees isn’t uncommon. Due diligence and having the right documentation in place can reduce the likelihood of having to pay a claim that isn’t warranted. To learn more about how we can help eliminate unnecessarily paying unwarranted claims, click here.

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