Legal Question in Employment Law in New York

Forced to resign-eligible for unemployment?

I have been with the same employer for the last 7 years in the financial service industry in NY making 75k. Based on the economy, my performance has been low. My employer is giving me the option to resign or I will be terminated. I have in writing that I will be terminated if I choose not to resign. Will I be eligible for unemployment if I resign? I do not want to be terminated based on the fact this is the only company I've ever worked for. However, I will not be able to pay my mortgage and may lose my house if I am out of work for 3 months or more without unemployment benefits. My question is, if I am FORCED to resign or I will be terminated, will I be eligible for unemployment if my choice is to resign? Please advise.


Asked on 6/05/08, 7:37 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Forced to resign-eligible for unemployment?

You should never resign under these circumstances. An experienced severance attorney should be able to negotiate an appropriate severance package for you taking into account your years of service and productivity, your financial obligations, and the circumstances of your termination. Typically, I would negotiate for the company agree not to contest your unemployment benefits, arrange for a pro-rata bonus, and pay for your COBRA premiums until you find future employment.

If you need further guidance or wish to arrange for a consultation, you may contact my office via email through SeveranceAttorney.com.

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Answered on 6/05/08, 9:37 pm


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