Unemployment Insurance eligibility in California?

Question

I'm losing my job on Friday. Basically, my boss doesn't believe I'm going a good enough job and so I've been replaced. In handling the paperwork, I've been given the option to "resign from my job" or "be dismissed from my job." Is there a difference in terms of my ability to file an unemployment insurance claim?? I'm in the state of California.
What are the advantages/disadvantages of claiming resignation or dismissal??

Answer 1

if you're 'let go' then you get unemployment, if you leave on your own accord, you don't... just a general rule...

a resignation looks better on your resume than being 'let go'... however, you just call it a 'lay off'

Answer 2

Either way your boss has a case for denying you unemployment.

To be dismissed from your job, implies you were fired for cause.

To quit your job is obvious.

Depending on California law, you may be screwed either way (call them and find out!)

The difference is in your future reference checking. If you sign a paper stating that you were dismissed, you are signing the right for the company to tell people you were fired.

Good luck to you

EDIT* just went to California's Unemployment department and found this:

Occasionally, it is not clear, and it is necessary to decide, whether the claimant voluntarily quit or was discharged. According to Precedent Benefit Decision P-B-37, issued by the California Unemployment Insurance Appeals Board (Board), in determining whether there has been a voluntary leaving or discharge under UI Code, Section 1256, it must first be determined who was the moving party in the termination. Generally, if the claimant left employment while continued work was available, then the claimant was the moving party and the separation is a voluntary quit. If the employer refused to permit the claimant to continue working although the claimant was ready, willing, and able to do so, then the employer was the moving party, and the separation is a discharge. Sometimes, an employer may allow an employee to voluntarily quit, instead of discharging the employee, so that the employee's work record will "look good." In such a case, the employer remains the moving party and the separation remains a discharge. For a detailed discussion of the general principles involved in determining whether a given separation is a voluntary leaving or a discharge, see VQ 135, Voluntary Leaving or Discharge. Also see VQ 135 for a discussion on termination by "Mutual Agreement or Mutual Misunderstanding."

It goes on from here and you can access the whole thing at: http://www.edd.ca.gov/uibdg/umc5.htm#mc5a

Answer 3

If you have not worked for an employer for at least three quarters (9 months) you won't have enough wages in the account to receive benefits from unemployment. On the personal side it is better to leave and just chalk it up to a learning experience than to get fired. I would say not to lie on your unemployment application and say you were laid off as the employer would have to challenge that as untrue since they have already replaced your position. Honestly, either way you are losing your job, it's better to leave as a resignation than to get fired. If you are fired for cause it's much worse than a resignation because things just didn't work out.

Answer 4

If you resign, you will be ineligble for benefits but you will not have a firing on your employment records. If you are dismissed under your circumstances you may be eligible for benefits if you have enough previous quarters of work income.

Answer 5

if you resign, you probably will not be able to collect UI. if your are dismissed, you can.

best to check with the EDD while you have time.

by law, you are entitled to a copy of your employee file. ask for it, just in case.

Answer 6

Call or go to the Unemployment Office in your city and ask them your questions. They work there and can give you accurate information.