personal reasons.”

by Worried

(California)

I was on probation on my government job (10 months in), when I made a mistake for the second time. The mistake was caught each time, in time, without consequences to the agency or to people, but the management decided since I am a probie, not to keep me or at the very least, transfer me (never offered).

They asked me to the office where there was an admin. person (low level), two managers and one supervisor.

One manager spoke who said though I was well liked by everyone he spoke with and there were no problems with me, since this mistake was a second time, I would be given a disciplinary action, then let go by the end of the week.

He said my other option was to resign and by doing so, my record stays clean, potential employers can call his number and not Washington’s (who would tell them what happened) and he would say to potential employer that I arrived on time, did my job — basically what any former employer is bound to say legally, except this reference is from him personally and not HR. I was being assured he would.

I also could apply to any government job in the future, i.e., federal, state, city and county. If terminated, I would not be able to do so – ever. Basically, blackballed.

I was given the time there in the office to make up my mind. If I decided to stay another 24 hours, a different manager would be on my shift and may decide differently (which I believed to be true since I knew the manager he was speaking of).

I decided to resign and the manager said I should write in the space for the reason I am doing so…”for personal reasons,” which I did.

If I pursue an UI claim, will what the manager and I discussed become void or jeopardized, and I may not know it?

I wish I had the resources to avoid filing UI, but I do not. I would not file if the possibility of what the manager and I discussed became null and void upon receipt of my claim. (I am looking at welfare, but may not be eligible for that for 60 days because of what has occurred at work.)

Thank you.

Hi Worried,

The name is appropriate for your circumstances. Please see VQ 135

It sounds like they created a scenario straight out of the CA benefit determination guide.

Quit in Anticipation of Discharge

Title 22, Section 1256-1(d) provides:

In the following situations the employee is the moving party in terminating the employment and thus the employee has voluntarily left his or her employment.

(1) The employee resigns in anticipation of a discharge or layoff and before the employer takes any action.

In P-B-228, the claimant quit her job, citing “personal reasons” as her reason for quitting. Later she stated that she was forced to resign as the only alternative to being fired for unsatisfactory work. The agency for whom she worked stated that, had she not resigned, a letter of warning would have been issued and steps taken to remove her from her job. In its decision, the Board stated:

Since the evidence in the present case supports the conclusion that the claimant voluntarily submitted her resignation prior to affirmative action by the employer, we hold that she voluntarily left her employment without good cause.

Once the employer has taken affirmative steps to terminate the claimant, a resultant quit by the claimant would be a quit in lieu of discharge.

If you do decide to file for unemployment benefits, you keep the above in mind when you choose your the reason for your voluntary quit. I doubt the employer will ever come clean about your little meeting .. it was contrived.

Your voluntary resignation .. as far as I’m concerned, was extorted from you and the person you were dealing with was not forthcoming with the immediate consequences your actions may have on you.

Unfortunately, I do not have any miraculous advice to give you .. except let the truth rip from the moment you file for benefits .. it’s all you got going for you.