What is the difference from being fired or resigning?

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What is the difference from being fired or resigning?

I was told by my employer this morning that they are considering terminating me due to a complaint by a parent about an injury a student received while under my care. I do not believe this injury was my fault. My employer said they would give me the option of being terminated or resigning? I need unemployment to survive until I find another job. How can either of these effect my chance to collect unemployment?

Asked on September 28, 2011 under Employment Labor Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you resign, that is considered to be voluntarily quitting and you would NOT be eligible for unemployment compensation.

If you are fired, you should be eligible for unemployment compensation unless there was willful misconduct on your part.  It does not sound like there was willful misconduct.  I am only mentioning this in case your employer claims this in an attempt to deny you unemployment compensation.  If that happens, you should definitely challenge it.  There are various procedures to follow in unemployment insurance appeals.  The unemployment compensation department in your state will provide you with information on unemployment compensation procedures and the appeals process.


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