Q: Does it matter if I “quit” or I am “terminated” after being furloughed due to corona virus? My company wants me to quit
I was laid off due to coronavirus in feb and got a better job during the time off. I was given my estimated start date but I am not going to Return to my original job. My employer is telling employees to resign/quit if they do not want to return. Is either in my best interest? I am enrolled in cobra California coverage due to being furloughed. Will I lose cobra coverage? Will anything else be effect if I choose quit vs fired or vise versa?
A:
If you have a new job lined up and do not have to worry about immediately qualifying for unemployment insurance benefits, then the main thing for you to consider is what you want future employers to know about how your employment ended. Quitting to move on to a better job is usually a good thing on a resume or employment applications. Being terminated is usually a negative that people will read in to.
An interesting technicality: being furloughed for a period of time longer than a pay period is the legal equivalent of a termination. However, if you have been offered the right to return to work it would still be acceptable to say you quit because you are turning down the opportunity to return.
COBRA coverage is triggered by some kind of separation from employment, which has already happened. A change in the reason for that separation will not remove your right to the COBRA coverage.
Good luck to you.
A:
Everything matters, you are dealing with the law. The one area that I foresee problems is for Unemployment Insurance benefits. You may be disqualified from future UI benefits if you quit vs terminated. You need to consider this even if today you have a new job to go to and everything seems rosy. Tomorrow the world could be hit by a global pandemic and your work could be shut down by the government as non essential.
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