Re: Accept temporary offer and Unemployment

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On 12/30/08, Dennis wrote:
> I currently work for a company that is on the verge of
> bankruptcy. They have sold off 75&37; of the revenue to a
> competitor. The competitor has offered me a position with
> an end date that coincides with the completion of the
> transferring of customers. If I resign my current position
> and expect this offer, will I be able to draw unemployment
> at the end of the new position? My intent would be to
> resign under the law of constructive termination. The
> conditions at the current place of employment have become
> pretty bad. To the point that toilet paper and paper
towels
> have not been provided.

"My intent would be to resign under the law of constructive
termination." Constructive discharge only applies when
working conditions have become so intolerable that an
individual has no other option BUT to resign. A company on
the verge of bankruptcy not providing toilet paper and paper
towels just doesn't cut it. You would have to be
experiencing something such as (for example) on-going sexual
harassment that the company failed to stop for constructive
discharge to apply. If you resign your current position to
take a limited-term position with this other company, the
State is not going to view your resignation as a
constructive discharge.