Terminated v Layoff

[BabyMine]

My mom was told a month ago that she would be layed off becasue business was slow. Today is her last day and they asked her to sign a termination letter. They told her that they don't layoff people they always terminate them My mom refused to sign but does that even matter? Can she still collect unemployment?

[firstbaby]

When I worked in HR, we always referred to an employee's last date as their "termination date" regardless of why they left. The fact that they want her to sign a "termination" letter is a little iffy for me. I would ask if it is a separation agreement or a letter for her tendering her resignation. The latter may prove a challenge for unemployment. I would have them state her reason for termination as "lack of work" meaning lack of work that the company could provide your mom. HTH.

[sewarsh]

i don't have professional advice, but i think you may be on to something there. i think you only get unemployment if you were laid off, but again i could be wrong. i think it was smart of her to do that - at least until she's sure of her options. she doesn't want to leave on bad note, but she needs to be sure she is able to collect unemployment.

[mommylamb]

I could be wrong, but I thought you could collect unemployment if you were laid off or even if you were fired, just not if you left of your own volition.

[codex57]

Originally Posted by mommylamb

I could be wrong, but I thought you could collect unemployment if you were laid off or even if you were fired, just not if you left of your own volition.

Which is why we suspect, no matter how they word it, that whatever was on the paper they wanted her to sign essentially said she was resigning - thus no unemployment.

Some companies, particularly closely held ones, go through great lengths to avoid paying unemployment.

[kijip]

Unemployment eligibility and laws vary wildly by state. You need to talk to someone familiar with your state's laws. In my state, there is a high burden on the employer to prove that the employee quit or was fired for SERIOUS cause. In other states it's different.

[gatorsmom]

I was in Human Resources for a long time. I've never heard of having someone sign a "termination letter." I wouldn't do it. Other than to try to deprive her of unemployement benefits, i can't imagine why a company would ask her to sign anything when she is being terminated (there might be some benefits-related paperwork that she'd need to sign like Cobra information but I'm assuming your mother would know the difference).

I would tell her not to sign it. What are they going to do if she doesn't sign it, fire her?

[BabyMine]

Originally Posted by gatorsmom

I would tell her not to sign it. What are they going to do if she doesn't sign it, fire her?

I told her the same thing.

[vonfirmath]

Originally Posted by codex57

Which is why we suspect, no matter how they word it, that whatever was on the paper they wanted her to sign essentially said she was resigning - thus no unemployment.

Some companies, particularly closely held ones, go through great lengths to avoid paying unemployment.

My dad was being laid off and signed one of those when we were growing up. So yeah, it means no unemployment

[codex57]

Originally Posted by vonfirmath

My dad was being laid off and signed one of those when we were growing up. So yeah, it means no unemployment

Ouch. I'm sorry.