Can my wife get EDD benefits if she's forced to sign a resignation letter instead of being fired?

DO NOT let her sign that resignation letter! This is a classic trick employers use to avoid unemployment claims. If she resigns voluntarily, EDD will likely deny her benefits because she technically quit without "good cause." Her boss can promise all day long not to contest it, but the EDD application specifically asks if you quit or were fired. If she answers honestly that she resigned, she'll likely be denied regardless of what her boss does or doesn't do. Instead, she should tell them she understands she's being let go due to low enrollment (which is fine), but she cannot sign a resignation letter as that would jeopardize her unemployment eligibility. If they fire her for refusing to resign, that's actually better for her EDD claim.

omg this exact thing happened to my cousin last yr!!! her daycare tried the same bs trick. she signed it cuz she trusted them & guess what? EDD denied her claim!! took her like 3 months of appeals to finally get approved. total nightmare!!!

Let me clarify some misconceptions here. Your wife CAN potentially receive unemployment benefits even after signing a resignation letter IF she can prove she was essentially forced to resign (sometimes called a "constructive discharge"). Here's what she should do: 1. Document everything, including any conversations where they made it clear she was being let go regardless 2. If possible, ask them to put in writing that they're eliminating her position due to low enrollment 3. If she feels she must sign (though I advise against it), add a note next to her signature stating "Signing as requested due to elimination of position" 4. When filing for EDD, she should explain that while she technically signed a resignation, it was at the employer's demand and not truly voluntary At the end of the day, EDD cares about WHY the employment ended. If the true reason was lack of work/low enrollment (which is what you described), and she can demonstrate she didn't truly have a choice, she may still qualify for benefits. But it will definitely complicate things and possibly delay her payments.

I went thru something similar in 2025 with my teaching job!! What worked for me was asking them to change the wording from "resignation" to "mutual agreement to separate due to position elimination." My director was actually relieved when I suggested this alternative - they still got me out without a firing but it didn't mess up my unemployment. Maybe your wife could suggest similar language?

lol these schools are all the same...my sister in law got pressured 2 "resign" from her preschool job too. ur wife should just take the unemploymnt and find a better school, most places r hiring teachers now anyway

If your wife is having trouble getting through to EDD to sort this out (which is likely), I'd recommend using Claimyr. It helped me tremendously when I was in a similar situation with confusing separation terms. Their system gets you through to an actual EDD agent who can answer specific questions about your case. I wasted days trying to get through on my own before finding them. You can see how it works in their demo video: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Their website is claimyr.com - definitely worth it for complicated cases like your wife's where you need specific guidance.

One more important thing: If your wife does end up signing something (ideally the "mutual separation agreement" that someone suggested), when she files for unemployment, she should be ready for an eligibility interview. EDD almost always schedules these when there's any hint of a voluntary quit. During that interview, she needs to clearly explain that while she signed a document, she did not truly quit voluntarily - the school eliminated her position and gave her no real choice. The EDD interviewer will likely contact the school to verify, which is why it's so important to have documentation showing this wasn't a true voluntary resignation. If the employer contradicts what your wife says during this interview, things get more complicated. That's why having things in writing is so crucial.

UPDATE: I just spoke with my wife and she managed to negotiate with the director! They agreed to give her a formal layoff notice instead of asking for a resignation. The director admitted they were trying to "keep their paperwork clean" but understood how a resignation could harm her benefits eligibility. She'll be eligible for recall if enrollment increases, but at least now there's no question about her EDD eligibility. Thanks everyone for the advice - it gave us the confidence to push back!