Resigned in lieu of termination with severance - Will ESD approve my claim?
I'm stuck in a weird situation with my unemployment claim and getting really anxious about it. My employer basically gave me two options: get fired outright with no severance, or "resign in lieu of termination" and receive severance pay. I chose the severance option because I needed the money, but now I'm worried this will disqualify me from unemployment benefits. I did attach the email from my employer to my claim where they clearly stated "we had to move forward with your termination" even though technically I resigned. Has anyone been through something similar? Will ESD consider this a voluntary quit or will they understand it was essentially a forced resignation? I'm losing sleep over this because I really need both the severance and unemployment to stay afloat.
20 comments
Evelyn Rivera
You should be fine. ESD looks at the circumstances behind separations, not just what it's called on paper. What matters is whether you had a "good cause" to quit, and being told "quit or we'll fire you" usually qualifies. Make sure that email clearly shows they were going to terminate you regardless of what you chose. Also, be prepared to explain this in detail if you get scheduled for a fact-finding interview. They'll likely want to know why the employer was terminating you in the first place, so be honest about that too.
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Kolton Murphy
•Thank you for the reassurance! The email is pretty clear about their intent to terminate. They basically said "we're moving forward with your termination" and then offered the resignation option as a courtesy. Do you think I should call ESD to make sure they understand this nuance or just wait for them to contact me?
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Julia Hall
i had almost the exact same thing happen last yr. they made me quit but it was really a firing. got super confusd when filling out the claim but ended up getting approved! took about 5 weeks tho and they did call me for interview
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Kolton Murphy
•That's so good to hear! Did they ask you a lot of questions during the interview? I'm worried about saying something wrong that could jeopardize my claim.
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Arjun Patel
This happened to my brother in law at Boeing. They call it a forced resignation and apparently ESD sees it differently than a regular quit. His claim got approved after like 3 weeks. Good luck!
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Jade Lopez
•This isn't entirely accurate. It's called a "constructive discharge" when you're forced to resign, and ESD doesn't automatically approve these. They review each case individually. The key is proving you had no reasonable alternative but to accept the resignation option. The OP having an email showing the employer's intent to terminate is critical evidence here.
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Tony Brooks
Speaking from experience working with many clients in similar situations: This is what's known as a "quit in lieu of termination" or sometimes "constructive discharge" in ESD terminology. What matters to ESD is whether you had a reasonable alternative to quitting. In your case, the only alternative was getting fired without severance, which isn't considered a reasonable alternative. Make sure to be 100% truthful in any fact-finding interviews. Tell them exactly what happened - that your employer gave you the choice between termination without severance or resignation with severance. The documentation you've attached showing they were "moving forward with termination" is crucial evidence. The severance might affect when your benefits begin (depending on how it's paid out), but it shouldn't disqualify you from receiving benefits entirely. ESD will likely put your claim in adjudication while they investigate, which means a delay in payments.
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Kolton Murphy
•Thank you for the detailed explanation! The severance is being paid as a lump sum. Will that still delay my benefits? I'm trying to budget for the next few months.
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Ella rollingthunder87
THEY ALWAYS DO THIS!!! Companies force you to "quit" so they don't have to pay unemployment!!! I got screwde by this exact thing in 2024 and ESD denied me saying I quit voluntarily even though my boss told me "resign or be fired" in front of witnesses!!! I had to appel all the way to a hearing and it took 4 MONTHS to get any money!! The system is rigged against workers!!!
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Tony Brooks
•I'm sorry you had that experience. However, it's important to clarify that companies don't pay unemployment directly - they pay into the unemployment insurance system based on their experience rating. Did you have written documentation like the OP does? That makes a significant difference in these cases. Also, appeals are typically resolved much faster now in 2025 than they were during the backlog in 2024.
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Jade Lopez
You've done the right thing by attaching the email to your claim. That documentation is crucial. In Washington State, a "quit in lieu of termination" is generally not considered a voluntary quit if you can prove the employer initiated the separation. Your email showing they were "moving forward with termination" establishes this. However, be prepared for your claim to go into adjudication, which means ESD will investigate the circumstances before making a decision. They'll likely contact both you and your employer for statements. During adjudication, no benefits will be paid, which can be stressful financially. If you're having trouble reaching ESD to check on your claim status once it's in adjudication (which is common), I've heard good things about a service called Claimyr that helps you get through to an ESD representative much faster than calling directly. Their website is claimyr.com and they have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. It might be worth looking into if your claim gets stuck in adjudication for weeks.
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Kolton Murphy
•Thank you for the suggestion! I'll definitely look into Claimyr if my claim goes into adjudication and I can't get through to ESD. How long does adjudication typically take these days?
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Yara Campbell
Resigned in lieu of termination is like the stupidest setup ever. Like why don't they just call it what it is - a firing? I went thru this last year and ESD took almost 2 months to decide in my favor. Like they need to create a special category for this instead of making us jump through hoops. Anyway, yes you should be approved eventually but prepare for a wait and make sure you keep filing your weekly claims even if you're not getting paid yet.
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Evelyn Rivera
•Companies do this because it looks better on paper (for them and sometimes for employees too), and in some cases it can help the employer avoid wrongful termination lawsuits. It's definitely confusing for unemployment purposes though.
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Julia Hall
make sure ur still doing job search activities every week even while waiting!!! i forgot to do this when my claim was in adjudcation and almost got disqualified for not meeting job search requirements even tho i wasnt getting paid yet!!!
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Kolton Murphy
•Oh wow, I didn't realize I needed to do job search activities while the claim is still pending! Thanks for the heads up - I'll start documenting everything right away.
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Evelyn Rivera
One more thing to consider - if your severance is paid as a lump sum, ESD typically treats it as being allocated to the weeks immediately following your separation. This means you may not be eligible for UI payments during the period covered by severance. For example, if you received 6 weeks of severance pay in a lump sum, ESD might deny benefits for those 6 weeks but approve them afterward. Make sure you understand how your severance affects the timing of your benefits.
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Kolton Murphy
•I didn't know that! My severance is about 4 weeks of pay. So I guess I should expect to wait at least that long before any UI payments would start, even if I'm approved right away?
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Tony Brooks
That's correct. Your 4 weeks of severance would be allocated to the first 4 weeks after separation, so UI benefits wouldn't begin until after that period - assuming your claim is approved. But you absolutely need to file weekly claims during those 4 weeks anyway, even though you won't receive payment for them. You'll report your severance and ESD will allocate it accordingly. As others have mentioned, the email documentation you have is very important. If your claim does go to adjudication and you have trouble reaching someone at ESD (which is unfortunately common), don't give up. Keep calling early in the morning when the queue is shorter. Use the online message center in your eServices account as backup. Document all your attempts to contact them.
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Kolton Murphy
•Thank you for all this information. It's helping me feel more prepared for what's ahead. I'll make sure to file those weekly claims even during the severance period and keep detailed records of everything.
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