Resigning Doesn’t Always Disqualify You From Unemployment Compensation Benefits

2011-06-21T08:57:00.001-07:00

In Illinois, employees are generally ineligible for unemployment compensation benefits if they have voluntarily left their employment. Resigning is one form of “voluntary leaving” that frequently precludes employees from obtaining unemployment compensation, but not always.

For example, and especially in professional and executive level positions, sometimes employers offer employees the option of resigning, rather than being terminated. This may be done in order to mitigate against the stigma of being fired, and to make it less difficult for a former employee to find a new position.

Nevertheless, if an employee is offered the resignation-in-lieu-of-termination option, that employee may still be eligible for unemployment benefits, even if he/she resigns. The key question will be whether the termination is attributable to the employer. In other words, if the employee would have been terminated if they did not resign, or the employee did not have the option to keep working, then it is attributable to the employer, and that now ex-employee may be eligible for benefits.

As with anything, of course, there are exceptions. Resigning, for example, because one was going to be terminated for having committed misconduct or because one engaged in other benefit-disqualifying behavior, would not make the termination attributable to the employer. The Illinois Department of Employment Security typically reviews each situation on a fact specific basis to make these eligibility determinations.

Employees Getting More Protection About What They Say About Their Employers on Facebook

2011-05-25T13:19:00.000-07:00

Anybody that knows anything about electronic social media knows you shouldn't bad mouth your employer on Facebook, MySpace, or similar social outlets. At least that used to be the conventional thinking.

But this year, the NLRB has sued two companies for firing employees who made negative comments about their employer on Facebook. To be clear, you do not have be in a union to have the protections of the Labor Relations Act apply. If you're posting about work conditions or pay, and have co-workers who can read or actually comment on your posts, it may fall under a "protected concerted activity."

Employers will need to take note, and probably amend those Employee Handbooks, which routinely have provisions in them about being subject to discipline or termination if you make any disparaging remarks about the company.

http://www.nlrb.gov/news/chicago-car-dealership-wrongfully-discharged-employee-facebook-posts-complaint-alleges

http://www.nlrb.gov/news/regional-news-buildcom-settles-charge-unlawful-discharge-comments-posted-facebook-nlrb-agreemen

Utreras Law Employment & Compliance Blog

Resigning Doesn’t Always Disqualify You From Unemployment Compensation Benefits

Employees Getting More Protection About What They Say About Their Employers on Facebook