Will I qualify for EDD benefits if I signed 'Resignation In Lieu of Termination' after workplace investigation?

I went through almost the same thing last year. Filed for unemployment anyway and was denied benefits initially because they considered it a voluntary quit. had to APPEAL and go through a phone interview to explain my situation. it was stressful but i won my appeal because i proved the resignation wasn't truly voluntary. my advice - file asap and be ready to fight for it!!!

This is a common misconception. For EDD purposes, a "Resignation In Lieu of Termination" is often considered a discharge rather than a voluntary quit when determining benefit eligibility. The key factor is that you were essentially given no real choice - resign or be fired. When you file your claim, be absolutely clear about the circumstances. EDD will likely schedule an eligibility interview to determine if you qualify. During this interview: 1. Explain that you were given an ultimatum 2. Describe the investigation and allegations (stick to facts) 3. Clarify that you would have continued working if given the option 4. Mention any documentation you have about the situation If your employer contests your claim (which they might), be prepared for a more involved process. Document everything you can about the circumstances leading to your separation.

my cousin got fired last yr for somthing he didnt even do & they made him sign some paper too, he got his benefits no problem so dont worry

I'm going through something similar right now. Filed my claim 3 weeks ago after signing a "voluntary resignation" that wasn't really voluntary. EDD has scheduled me for an eligibility phone interview next week to determine if I qualify. From what I've researched, they want to know if you had a "good cause" for leaving. Being forced to resign to avoid being fired usually counts as good cause. One tip - I've been trying to reach EDD by phone to ask questions before my interview but it's IMPOSSIBLE to get through. Always get the "we're experiencing high call volume" message and then it hangs up on me. So frustrating!

I'm sorry you're going through this! I've been an HR manager for 10+ years and can tell you that EDD typically looks beyond the paperwork to the actual circumstances. The fact that you had no real choice (resign or be fired) means this wasn't truly voluntary. When you file, make sure you select "discharged" rather than "quit" as your reason for separation, then explain the situation fully in the details section. Be honest about the fact that you signed a resignation letter but only as an alternative to termination. Your employer may contest this characterization, which will trigger an eligibility interview. Be prepared to explain that you didn't actually want to leave but were essentially forced out. EDD determines eligibility based on the real circumstances, not just what paperwork was signed. Good luck!

THE SYSTEM IS RIGGED AGAINST US!!! Companies do this ALL THE TIME to avoid paying unemployment. They know exactly what they're doing. They investigate some minor policy violation then force you to "resign" so they can tell EDD you quit. I bet they're already preparing their response to your claim. YOUR EMPLOYER IS NOT YOUR FRIEND!!!

were the allegations against you true?? this might matter for your claim. if you broke company policy and thats why they were gonna fire you, EDD might decide you committed misconduct and deny you anyway even if you prove it wasn't a real resignation

just apply and see what happens, worst they can say is no

Based on the additional information you've shared in comments, here's what I recommend: 1. File your claim as soon as possible 2. Choose "discharged" as your separation reason 3. In the explanation section, be completely honest: explain that you were given the option to resign in lieu of termination after an investigation 4. During the eligibility interview, be prepared to discuss the allegations against you without becoming defensive Even if the allegations had some truth to them, not all policy violations rise to the level of "misconduct" for unemployment purposes. EDD uses a specific legal definition of misconduct that's actually quite narrow - it generally requires willful disregard for the employer's interests. Many policy violations don't meet this threshold. The resignation versus discharge issue and the misconduct issue are actually two separate determinations EDD will make. Focus on being honest and thorough in your explanations.

I'm an employment attorney who has helped many clients with similar situations. Your case actually sounds quite strong for EDD purposes. The key legal principle here is "constructive discharge" - when an employee is forced to resign due to intolerable working conditions or ultimatums, it's treated as an involuntary termination. A few critical points for your claim: - Document everything about the investigation and ultimatum you were given - Keep copies of the resignation letter and any related communications - EDD Form DE 8714AB (Additional Claim Questions) will likely be sent to you - answer thoroughly and honestly - If your employer contests (which they probably will), don't panic - this is standard The fact that you were given only two bad options (resign or be fired) strongly supports your case. California courts have consistently held that resignations under these circumstances are involuntary. File your claim immediately - there's no benefit to waiting, and you have deadlines to meet. Good luck, and don't let your employer's tactics intimidate you out of benefits you're likely entitled to receive.

I'm dealing with something very similar right now! Just wanted to add that when I spoke with an EDD representative (finally got through after using one of those callback services), they told me that "resignation in lieu of termination" cases are actually pretty common and they have specific procedures for evaluating them. The rep explained that they'll look at whether you had "good cause" for leaving, and being forced to choose between resignation or termination definitely qualifies. She also mentioned that even if your employer contests your claim, don't get discouraged - many of these cases get resolved in favor of the employee during the appeals process. One thing that really helped me was writing down a timeline of events before filing my claim, including dates of meetings, who was present, and exactly what was said about my options. Having that organized information made it much easier to explain my situation clearly. Stay strong and don't let them scare you out of benefits you deserve!

I went through this exact situation about 6 months ago. My employer conducted a "misconduct investigation" and gave me the same ultimatum - resign or be terminated for cause. I was terrified about losing unemployment benefits, but I filed anyway and actually won my case. Here's what I learned: EDD recognizes that these "voluntary resignations" are often anything but voluntary. During my eligibility interview, the EDD representative was very understanding when I explained that I was given no real choice. The key is being completely honest about the circumstances. A few things that helped my case: - I kept email records of HR telling me my only options were resign or be fired - I documented the timeline of the investigation - I was upfront that while I signed a resignation letter, it was only to avoid termination - I explained that I would have preferred to keep working Even though my employer initially contested my claim, EDD ruled in my favor after the phone interview. The whole process took about 6-8 weeks from filing to getting my first payment, but it was worth fighting for. Don't let the resignation letter scare you - file your claim and tell your story honestly. You've got a good chance of getting approved!

I'm a newcomer to this community but have been following this discussion closely because I'm in a very similar situation. My employer just finished their "investigation" last week and I'm expecting to get the same ultimatum any day now - resign or be terminated. Reading through all these responses has been incredibly helpful, especially hearing from people like Zainab and Ian who actually went through this process successfully. I had no idea about the "constructive discharge" concept that Owen mentioned, and it's reassuring to know that EDD is familiar with these tactics employers use. One question for those who have been through this - did any of you consult with an employment attorney before filing your EDD claim? I'm wondering if it's worth getting legal advice upfront or if I should just file the claim first and see what happens. The attorney fees might be worth it if it helps strengthen my case from the beginning. Also, for those who won their appeals - did your employers try to retaliate in any way afterwards? I'm worried about getting a bad reference for future jobs if I fight this unemployment claim. Thanks to everyone who has shared their experiences here. This thread has given me hope that I'm not completely powerless in this situation.

I just wanted to add my experience to this incredibly helpful thread. I went through almost this exact same situation about 8 months ago - HR investigation, ultimatum to resign or be fired, the whole thing. I was absolutely terrified about filing for unemployment because I had signed that "voluntary resignation" letter. But after reading stories like these (though not this specific thread), I decided to file anyway. The key things that made the difference in my case: 1. I was completely honest on my initial application - selected "discharged" as my separation reason and explained the ultimatum in detail 2. During my eligibility phone interview, I stuck to the facts: I was told resign or be fired, I didn't want to leave, I only resigned to avoid termination for cause 3. I had saved a few text messages from my supervisor about the investigation that helped show the pressure I was under My employer did contest the claim initially, but EDD ruled in my favor after about 3 weeks. The representative told me that "resignation in lieu of termination" cases are very common and they're trained to look beyond the paperwork to the real circumstances. To Mason (the original poster) - definitely file your claim ASAP. Don't let that resignation letter discourage you. EDD sees through these employer tactics all the time. And to Harold - you don't necessarily need an attorney upfront. The EDD process is designed for regular people to navigate, and based on all these success stories, it seems like being honest and persistent is what matters most. This community has been such a lifeline for understanding these confusing situations. Thanks to everyone who shared their experiences!

I'm new to this community but wanted to share my perspective as someone who works in unemployment appeals. What I'm seeing in this thread is really encouraging - so many success stories from people who were in similar situations! One thing I'd add that might help both Mason and Harold: when you're preparing for your eligibility interview, focus on the "but for" test. Ask yourself: "But for the ultimatum/investigation, would I have quit my job?" If the answer is no (which it sounds like it is for both of you), that's a strong indicator this wasn't truly voluntary. EDD adjudicators are trained to recognize the difference between someone who quits because they're unhappy versus someone who's forced out through employer pressure. The resignation letter is just one piece of evidence - they'll weigh it against all the circumstances. Also, don't be discouraged if your initial claim gets denied. The appeals process exists for exactly these types of nuanced situations, and judges at that level often have even more experience with constructive discharge cases. Keep documenting everything and stay organized with your timeline of events. You both sound like you have strong cases based on what you've shared. Good luck!

I'm new to this community and just want to say how incredibly helpful this entire thread has been! I'm not dealing with this exact situation myself, but I have a friend who went through something very similar last year and I wish we had found resources like this community back then. Reading through all these success stories and professional insights really shows how important it is to not give up when employers use these tactics. The "but for" test that Jessica mentioned is brilliant - such a clear way to evaluate whether a resignation was truly voluntary. For anyone reading this thread who's in a similar situation: it's clear that filing for benefits is worth it even when you've signed a resignation letter. The pattern here seems to be that honesty, documentation, and persistence are key. EDD appears to be well-trained to see through these employer strategies. Thanks to everyone who shared their experiences - you're helping so many people who are facing these difficult situations!