Claimant Advocacy Case Studies: Resignation in Lieu of Termination
Our Claimant Advocacy Program helps workers in DC who have been denied an unemployment claim. This post is one part of a series of examples of how the Claimant Advocacy Program has helped past participants.
An employee of a retail establishment was asked to meet with Human Resources and given a notice to resign or face termination due to failing to meet the company’s sales quota. The employee had received a performance improvement plan but could not increase their sales within the allotted time.
Faced with the option to resign or face discharge, the worker resigned. When the unemployment claim was filed, both parties stated that the employee/claimant resigned, although the claimant added that he resigned in lieu of termination. The claim was denied, and the claimant filed an appeal with the DC Office of Administrative Hearings.
The Claimant Advocacy Program provided the former employee with an attorney. The attorney presented the initial notice of termination to the Office of Administrative Hearings, and the claimant provided testimony of the human resources meeting when he was presented with the option to resign. The result was that the Office of Administrative Hearings said that the former employee/claimant could collect unemployment benefits.
Have you been denied an unemployment claim in DC? Learn more about our Claimant Advocacy Program.