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.