General information at Employment Security Commission lists this as an "I QUIT". This is then scrutinized more closely than if it was labeled "a reduction in work force". Not a very good idea. Personally I would wait it out and make it an official lay off.
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Correct, 019! Been there. Done that.
Quitting is one thing. Accepting a "take this severance or be fired" is another.
If you quit, you will not collect unemployment. If you are laid off, you will. if you are fired for cause, that's a gray area, and you would have to appeal to your state's unemployment depaerrment.
It's in writing that unemployment will not be contested. Signed, dated, on paper. It's a reduction in workforce happening company wide. And faculty don't have "numbers" to hit. As long as you get a 3 or higher on your review EDMC has nothing. Plus, they pay out the ass for unemployment insurance, so they have nothing to lose.
Every state is a little different. In Ca you should appeal if denied. EDMC will probably give in because they don't want to bother with the process. However, maintaining benefits in Ca is a bit cumbersome and complicated, especially if you are earning a little money on the side, and, in the end, is not nearly enough to live on. Unemployment is not a paid vacation.
Be careful. The game they are playing is to set you up to fail. Then they will let you go claiming you failed at your job. If they do that, you do not qualify for benefits because you were politely fired. If you quite, or get fired, you do not qualify. They are setting you guys up. My advice is document before it happens. If no one ever hit those numbers, get a copy of that to prove your point in the event you are let go for not hitting your numbers.
BS! Don't trust them. I was let go for low student enrollment and they still had the never to contest it claiming I was leaving by choice. The HR person at our campus outright lied to the unemployment office. The office told me what they said. I told them if what they said was true, then let them know I want to continue to work there and the problem would be resolved. I got a call a day later and my benefits were approved. It was petty for that HR manager to lie like that, but obviously there are a lot of petty people in management there. Don't plan on people doing the right there, they will screw you if they can.
They will not contest unemployment. Stated in writing and signed.
I took a buyout a few years ago. Unemployment did question me and acted like they would deny it. I contacted Mark Novad in HR at CS and he took immediate care of it. I think EDMC knows that if they mess w/something like this, it won't be worth it to them. Totally understand the concerns, but sharing my experience.
I don't think you could be denied on the grounds of not meeting a goal that was unreasonable. The folks at ESC are not uninformed as to employer tactics such as these. The forms would not be evidence of ones inabilities. EDMC would have a very difficult time protesting your claim.
I could see th using that on the severance , but if denied unemployment benefits, you can appeal. If you state your case and attached back ( articles on the mass layoffs ) the u e c , would probably accept your appeal. They lean toward ruling in favor of the terminated former employee.
I was thinking the same thing-wait it out and hopefully get some severance and be eligible for unemployment if necessary - BUT a comment in a different post got me thinking that things might not turn out this way. Recently at the Center (Park Place in Chandler, Arizona), management made us sign new expectations for quality/quota numbers. Mind you, these numbers are literally impossible as evidence in the weekly utilization emails that show processors' numbers and they are not close to meeting the numbers on the paper we signed. Does these mean they could terminate entire teams/large groups of people based on their inability to meet the expectations from the paper that was signed? In this situation would those let go still get severance? This sounds like the sort of shady move EDMC would pull just to screw us one last time and avoid paying anything extra.
I agree why would someone take a risk of not being able to collect u e benefits. It's still a soft job market. Stick it out. Word