Author Topic: Separation vs resignation for unemployment  (Read 1845 times)

MrsCoolCat

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Separation vs resignation for unemployment
« on: February 21, 2017, 10:44:02 AM »
Hi. Not sure if anything can be done. Nothing in writing so far. Just verbal. So bc I didn't qualify for FMLA (worked there 9 months) my company gave me the option of returning within two weeks after birth, with a Doctor's note which I was able to obtain. The two weeks was like considered vacation even though I saved up like 5.5 weeks. Anyways, if I didn't come back within that two weeks they mentioned separation, but that if I got hired back within 30 days that all my benefits would be reinstated & I wouldn't have any waiting period for insurance or PTO.

Fast forward now after discussing with my husband about private health insurance, etc. We decided it'd be best if I can stop working on Feb 28th so there's no lapse in our health insurance. Except now when I asked HR they said the reason they'd give is resignation for personal reasons & that the state would have to decide whether or not I qualify for unemployment. I am in FL. I haven't sent any resignation letter or had anything in writing from them yet. I just requested for something in writing about the date my insurance would end so that I can provide that to the private health insurance companies when applying...

Seems like I'm not qualified for unemployment if the reason they're stating is resignation. Also, my boss is very cooperative and I pretty much have this entire week off since I have the PTO saved, so not sure the "call in sick until they fire u" approach is gonna work. I have Monday off, too... Not sure I'm gonna stress myself more with this unemployment issue but figured I'd ask here. Ty in adv, as always!
« Last Edit: February 21, 2017, 10:54:19 AM by MrsCoolCat »

Iplawyer

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Re: Separation vs resignation for unemployment
« Reply #1 on: February 22, 2017, 01:35:35 PM »
I don't understand why you just don't wait.  Why would there be a lapse in your health insurance.  Most policies are required to go through the end of the month when you were terminated.  You can qualify for unemployment if let go as well.  In any case - I have never understood any of your questions.  You are better off going on your husband's health insurance in any case.

Your posts are very confusing and only give an incomplete window and question.

MrsCoolCat

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Re: Separation vs resignation for unemployment
« Reply #2 on: February 22, 2017, 01:57:50 PM »
Wait for what? We are waiting since I'm working until the 28th. My employer's health insurance ends on the same day that employment ends. My husband is the one worried about lapse in coverage if I separated prior to the end of the month...We're debating on what the best health ins option is. Still new to all of this & it's stressful nonetheless. Hope that clarifies some things.

SKL-HOU

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Re: Separation vs resignation for unemployment
« Reply #3 on: February 22, 2017, 02:16:48 PM »
Wait for what? We are waiting since I'm working until the 28th. My employer's health insurance ends on the same day that employment ends. My husband is the one worried about lapse in coverage if I separated prior to the end of the month...We're debating on what the best health ins option is. Still new to all of this & it's stressful nonetheless. Hope that clarifies some things.

Can you not get COBRA for the little time you may be out of health insurance?

So if I understand it correctly, you went back to work after 2 weeks and now you are waiting for the 28th to quit (for insurance reasons)? If that's the case then maybe you can try talking to your supervisor about laying you off instead of resigning.

MrsCoolCat

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Re: Separation vs resignation for unemployment
« Reply #4 on: February 22, 2017, 04:29:13 PM »
Yes, correct. The insurance agent said Cobra would nullify my qualifying event to allow me to enroll into private insurance. Cobra is also extremely expensive. Also, I think FL the resignation vs termination is different in terms of qualifying for unemployment but I mean I've never tried enrolling when I have resigned. Not sure if my boss can help bc my boss & HR... It's kinda a long story but I can try & get clarification tomorrow during my half day. Ty.

Hargrove

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Re: Separation vs resignation for unemployment
« Reply #5 on: February 22, 2017, 05:57:22 PM »
Unemployment criteria:

Applicant is able to work (your note)
Applicant is unemployed through no fault of their own (resignation disqualifies, fired for documented cause disqualifies)
Applicant is looking for work (seems like you aren't)

They don't really let you sub it as maternity leave.

Resignation is just a type of separation. Even if you "get them to fire you," if they attended the hearing, you would almost definitely be denied, if your employer documented anything.
« Last Edit: February 22, 2017, 06:17:57 PM by Hargrove »

SimpleCycle

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Re: Separation vs resignation for unemployment
« Reply #6 on: February 22, 2017, 06:20:23 PM »
You have to be available for work and looking for a job to get unemployment.


MrsCoolCat

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Re: Separation vs resignation for unemployment
« Reply #8 on: February 23, 2017, 07:43:04 AM »
Thank you!