I was laid off today. It came as a surprise as everything was going smooth. My manager and HR head scheduled a video call and asked me to put up a resignation as they couldn’t show that due to organisational restructuring they are insisting me to resign. They offered 60 day notice and then a severance package.

31 Comments

1. AnonymousAugust 20,2024 at 12:33PM UTC

   I'd be calling an employment attorney in your area for some legal advice before agreeing to anything. Their request sounds a bit shady.

2. AnonymousAugust 20,2024 at 12:49PM UTC

   Not quite sure I understanding what has happened here. Were you the only one to be laid off? What country are you in (I ask due to how you spell organizational)?

3. AnonymousAugust 20,2024 at 3:41PM UTC

   Do not resign without written evidence of the severance and that they will allow you to claim unemployment.

4. AnonymousAugust 21,2024 at 1:31PM UTC

   I think it depends on the severance package. Some can be very beneficial. Company insurance is cheaper than COBRA! IJS

   Additionally, I would require a glowing recommendation letter from this company for your own personal file. This way you never have to question what they may or may not say after the departure.
   Lastly, I know OP was blind sided, but sit down and process before you make ANY decision. Are they willing to negotiate the severance package so that you are comfortable with accepting that?

5. AnonymousAugust 21,2024 at 5:09PM UTC

   They cannot insist that you resign, accept the severance and be sure that they have you as terminated and not due to cause. If you resign you will not be able to collect unemployment should you need it after your severance monies run out. What they likely have done if it is a larger company is to use the WARN act which requires companies to provide 60 days notice of any layoff.

6. AnonymousAugust 22,2024 at 2:45PM UTC

   The warn act is only applicable (REQUIRED) when a certain number of employees ate being laid off. Layoffs done in onesie twosies do not apply. In this case they r just trying to avoid unemployment payments which may or may not be greater than the severance pkg.

7. AnonymousAugust 23,2024 at 3:23PM UTC

   I am the writer of the item above and yes, I know the minute details of the WARN act as I work in legal/HR. Resigning for her would be a mistake. She is entitled to the severance they are offering to her and others as part of the RIF and they cannot tie it to her UI eligibility.

8. AnonymousAugust 22,2024 at 2:21PM UTC

   They're being snakes. Agree with the previous poster who said you need to see in writing what they're offering you and ensure that they agree you can claim unemployment as well. They cannot ask you to "resign". It's to their benefit, not yours.

9. Heather McAugust 22,2024 at 3:09PM UTC

   Super sketchy. I hope you didn't sign anything yet?

10. Debbie VerebAugust 23,2024 at 12:18PM UTC

    Don't resign. You need to have the opportunity to get unemployment if you need it. If you resign you will not be eligible. Hope it's a nice severance package and you won't need it, but you never know in this day and time.

11. LeAnn Eckman SmithAugust 23,2024 at 12:20PM UTC

    Are you kidding me? Do Not Resign. Tell them you need to talk to your employment lawyer - then get one.

12. AnonymousAugust 23,2024 at 1:17PM UTC

    Definitely run it by a lawyer. There’s nothing inherently wrong with giving up unemployment benefits as long as you’re adequately compensated. An employment lawyer can handle the negotiation to make sure your landing is softer than it would be through unemployment

13. lynesha mitchellAugust 23,2024 at 12:22PM UTC

    I’d be careful with providing a resignation letter. This could be the very reason you don’t receive unemployment benefits.

14. Julie WozniakAugust 23,2024 at 2:17PM UTC

    DO NOT RESIGN! Past experience here! ?

15. AnonymousAugust 23,2024 at 12:28PM UTC

    Do not resign. They should be giving your separation documents. Negotiate the severance.

16. John HerndonAugust 23,2024 at 8:25PM UTC

    Severance is not a legal obligation. It is discretionary

17. Veronica MillerAugust 23,2024 at 12:28PM UTC

    Definitely do not resign. You will not be eligible for unemployment and not sure how much is your severance package. Their offer of a 60 day notice sounds like that is part of their proposed severance…they may then only offer an additional 4 weeks of compensation after your 60 days and think that’s “generous”. The job market has been brutal. I was laid off in November and still looking (I’m in tech). Look out for yourself first. Get a lawyer.

18. Celena BartonAugust 23,2024 at 12:31PM UTC

    Don’t resign! This will prevent you from getting unemployment. With no guarantee of how quick you will find a job, you need that security.

19. AnonymousAugust 23,2024 at 1:22PM UTC

    100% correct. They don't want to pay unemployment!!!!! HOWEVER----- what is the 60 days' notice and pay and severance package???? Is it better total dollars than "X" number of weeks unemployment???? Each state's unemployment policies are different and you might do financially BETTER with the 60 days pay "and" severance-- so do the math and quickly!

20. AnonymousAugust 23,2024 at 1:25PM UTC

    others are telling you to NOT RESIGN. but they could be very wrong. Have you calculated what the 60 day notice/salary + severance will be....versus how much and how long you can receive unemployment in your state? You absolutely should do this. the company may actually be giving you very wise advise to resign, collect the $$$$$--- I lost my job thru corporate transition 6 years ago, and the severance they offered me was MORE than what i would get over a few months of unemployment...So you gotta crunch all the numbers. Plus, you'll be continuing to build your PTO bank for 2 more months, and that will also be cashed out....AND, you'll have health insurance for a couple more months. Do not listen to all of the advice here without contemplating all the $$ on either side...

21. AnonymousAugust 23,2024 at 1:54PM UTC

    This is the answer. Calculate what you'd get on unemployment (and realistically how long it might take for you to find another job) and compare it to the severance package they're offering. You can also try to negotiate your severance higher.

22. AnonymousAugust 23,2024 at 1:55PM UTC

    And make sure you have everything in writing /signed off on when it comes to actually receiving the severance vs verbal confirmations, if that's the route you go.

23. AnonymousAugust 23,2024 at 2:24PM UTC

    In NY unemployment kicks in after severance period, vacation bank or any other payment from the employer. So after 60 days of severance, she can collect unemployment. It’s not one or the other in NY. you just can’t double dip over the same time frame

24. John HerndonAugust 23,2024 at 1:39PM UTC

    Don’t resign!! If you do, unemployment will not be available to you.

25. Julie WozniakAugust 23,2024 at 2:16PM UTC

    THIS!!! Exactly - DO NOT RESIGN!!!!

26. KathyAugust 23,2024 at 2:19PM UTC

    You should receive the severance package and be laid off. How much is your severance? Many companies, before they have a lay off will change their policies to limit the amount of severance.

    If you live in the United States you can check the Department of Labor and Industry site to determine if your company has filed a WARN act notice. They are required to provide 60 days notice .

    Do the math.

    Here are the rules for layoffs: https://www.dli.pa.gov/Individuals/Workforce-Development/warn/Pages/default.aspx

27. Kathleen SullivanAugust 23,2024 at 2:57PM UTC

    sounds disorganized, if you have 60 days of pay plus a severance package take it and give yourself some time to recharge and learn what you need in your next position

28. MidwestMaven456August 23,2024 at 3:23PM UTC

    BEFORE you sign anything, figure out how much you would get with their package and the 60 days. Figure out how much that would mean for X number of months on unemployment. Then, see what is available in your field of work, and if you could get a job quickly. They may be trying to show they are not cutting back, restructuring or laying people off for a number of reasons, including a possible sale of the company. Use this to your advantage.

29. AnonymousAugust 23,2024 at 6:46PM UTC

    I am not sure what state you are in and ultimately it will be the decision of your state dept of unemployment, but you can ask them to confirm as part of your severance agreement that they will not contest your unemployment which will enable you to file for unemployment benefits. Being asked to submit your resignation in exchange for notice and severance would be considered a constructive discharge depending on the state.

30. AnonymousAugust 24,2024 at 2:44PM UTC

    They sound like they are trying to circumvent the unemployment benefit mandate for laid-off workers by asking you to voluntarily resign. This could be for several reasons, one being public perception, but the big reason is that it raises their unemployment premiums. Tell them to do that, and they have to indicate involuntary due to reduction in force in the termination paperwork (I.e., lay-off) and not report it as a resignation to the state UI provider. If you have the paperwork and request in writing, you should/could report them to the state's labor board.

31. AnonymousSeptember 3,2024 at 7:42PM UTC

    60 day notice plus a severance package? Are you working during those 60 days? Weigh out the options - the amount of pay you get for the next 60 days plus the severance. You can always try to negotiate for more since they are asking YOU for a favor (for you to resign). Compare that to unemployment. This is a tough job market so it may take a while to find a new role (I hope this isn't the case for you). As part of negotiation, you could always request they include (in the release agreement) they will not contest unemployment claims. They are definitely trying to avoid listing this as a reduction or lay off - but odd they are willing to provide a long notice and severance package. This sounds fishy. Look at your specific state to see what termination reasons would be/not be eligible for unemployment. Some states make mutual agreement separations harder as they ultimately have to prove who/how the mutual separation was approached.

    Get everything you can in writing. If that doesn't exist, summarize in email what was discussed and send to your manager and HR.