My employer wants me to leave and is pressuring me to do so through mutual agreement. I am so tired of their actions that I don't mind if they terminate me today. They are only offering me one more month of employment in exchange for a mutual agreement, which I am willing to forfeit. I can accept their mutual agreement request to avoid dealing with their pressure, but I am concerned about losing my 26-week unemployment benefits. If I accept a mutual agreement, am I at risk of losing it? Thanks.

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If you quit then you're not eligible for unemployment, that's probably why they're pressuring you to do so

likehelpfulsmart

Wait for them to fire you, is likely the best route. Consult an employment lawyer

likesmart

Get a lawyer and stop posting here. Your lawyer will thank you.

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To Contract Manager; Unless it is unbearable then don't quit. You will lose your unemployment if you do. It sounds like they are pressuring you to either quit or mutually leave so they don't have to pay out severance. If you've been there a few years then they owe you some severance. If they terminate you without cause then they have to pay out severance. I'd definitely get some legal advice before you do anything. Don't screw yourself out of money that you might be legally entitled to.

likesmarthelpfuluplifting

They don't owe severance unless it's spelled out in the employment agreement, company handbook or similar.

OP will most likely lose unemployment benefits by agreeing to a "mutual" end of employment.

Where I live, unemployment is about $300/wk. I would negotiate and ask for at least 3 months wages as severance to "mutually" end my employment (because I don't think it would take longer than that to find a new job).

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I’d consult an employment lawyer. You guys can negotiate this. I’ve done a lot of these. Unemployment benefits are likely crap and you should be looking for enough money that you’d be okay on, and website time till you can land your next role. The market is super hard right now. Took me almost 3 months to land a new one and the offer was crap, so I just started my own practice as I had a book of business. If this is in, NY or FL feel free to reach out to me. I can help you through this.

likesmart

I live in FL and wish I'd posted here so I could have taken your advice. Mine was a forced into resignation, and I took it to save face for my boss. He is a good friend whom I've worked with multiple times. He recruited me and the most self less (but incredibly stupid) act I did was resigning instead of having them fire me. I was on FMLA twice within the past 12 months, they knew what they were doing

If George Costanza could do it, you can do it

likefunny

I strongly agree with the posts that say don’t leave voluntarily without consulting an Atty who is very familiar with it - or specializes in labor law. I had to consult an Atty because of an employer not willing to pay earned commission. Bottom line/ just mention you want to consult with your Atty first.. it worked for me and I got a payout schedule. Small companies will play ‘fast and loose’ with labor laws thinking you don’t know better. Good luck with this..

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Yes. Don’t do it. Keep your 26 weeks of unemployment benefits. best of luck.

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100% do not leave on your own if you don’t have another job lined up and don’t have at least 6 mos of expenses in savings.

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Even more than this. I’d say 10 months.

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Do not accept this agreement, do not resign, Resignation will prevent you from collecting unemployment.

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Severance agreement offered to you should spell out whether you would qualify for unemployment.

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Crazy...hold strong.

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The truth.. the actual reality.. is key. There is nothing more important than what had happened.

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You can get unemployment in some states if you leave for a reason that would make any, well, reasonable person leave like if they misrepresented a role or were otherwise fraudulent in their recruiting/hiring efforts. Research your states unemployment rules. That said, I agree with the crowd here. Let em terminate you.

Use up all sick time. Suck it up.

Then don't quit, call unemployment insurance office and notify office, with what there doing and this you can appeal, let them fire you, start seeking another job, don't use them for reference.
And the don't want to fire you because they will have to pay unemployment

Don't quit! Let them fire you.

If you resign (mutual agreement), you can’t apply for unemployment. Be aware of that. If they let you go (layoff), then you get unemployment. If they terminate you for cause, you also can’t get unemployment but that method is more tedious and your employer have to follow HR guideline of they can get into legal trouble. Your employer just wants to save on unemployment. Negotiate a severance package if they want you to resign.

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