Legally you won't be fired for not coming in. You might be laid off with no severance, but that is different legally. When someone asks they will not give a bad reference and you will be eligible for unemployment, both of which are useful. If the above is not true for you there are many lawyers who would love to talk to you, as it is an easy buck for both of you in court.
In the US fired means for cause. When you are fired they are legally saying you are a bad employee and they can/will tell others not to hire you. This implies they can not give your severance because the time you "worked" for them without doing your job is your severance. You don't get unemployment because you were not actually working. Contrast this with laid off which means you were a good employee, they just don't need you anymore: you can get severance (if there is any, it is not required).
If/when you employer is going to fire you ask if you can resign on the spot instead. Most will say yes: because you resigned of your own violation you cannot sue them, but in turn when someone checks references they will carefully say "yes s/he worked here, s/he left in good report, we have nothing more to say", which doesn't look bad.
You won't be getting unemployment benefits if you are fired. Also professional reputation, negotiation of severance terms, getting a positive reference, rehireability.
Fired has legal implications. They will do it, but if they don't get all the paperwork right you can sue for wrongful termination. Thus they would rather not fire you if they can get you to resign.
If they are going to fire you and offer your the chance resign. While it means you resigned and thus you can't sue, it also means that when (if...) someone checks references they will say "yes, he/she worked here, and left of his own will". Since any big company will not say more than that no matter who good you are this is a perfect reference and you start over. If you are fired they have to say instead "yes, he/she worked here and until fired"
Note that fired is very different from being laid off.
I agree that unemployment benefits aren’t the metaphorical ejector seat here. But, regarding “fired” vs “laid off,” at least in California, you’re generally eligible for unemployment benefits even if you were fired, as long as you weren’t fired for illegal or malicious activity. In particular, if you didn’t care about losing a reference and burning bridges, you could get fired for poor performance and still collect unemployment. I can’t think of a plausible situation where it would be beneficial, but you could certainly do it.
Getting fired is not the same as being laid off. If they fire you for insubordination (which is what not reporting for mandatory office attendance would be) or bad performance, they don't have to pay you anything. If you're laid off, most companies would give you at least a few months of pay in compensation.
In the US there is a big difference between fired and laid off. Fired means for cause, and when asked the company will say "bad employee, you shouldn't hire them" fired also means you don't get unemployment as it is your fault you don't work there anymore (this varies from state to state). Laid off means you were an acceptable employee (or better), but the company just doesn't need someone to do your job anymore, when asked they will report you left in good standing, and since it isn't your fault that you don't have a job you get unemployment while looking for a new job.
Fired is so negatives that companies will rarely fire anyone. They prefer to ask you to quit - you still don't get unemployment pay (varies from state to state, but it is your fault you are not working). If this happens it is in your best interest - while it is now your fault you quit (and you cannot sue them for it - which is why they do it and a downside to keep in mind!) they will then report that you worked there in good standing until you left. In practice most companies only fire someone when they discover actions that would go to the police.
You don't get fired immediately and then paid, right? You're still technically employed as I understand it, just not allowed to come to work. Which can have implications regarding your obligations.
Not true. If you get fired for not attending your job, you don't get unemployment. If you get fired for performance reasons, you get unemployment. My father got fired for "insubordination" aka his manager not liking him. He still got unemployment.
Wait, are we talking about be fired (i.e., "for cause") or being laid off? As I understand it one isn't eligible for unemployment (in the US) when it is the former.
"No layoffs" is a stronger (and harder) criterion to meet.
(My condolences either way. Neither is the end of the world, but they both suck. If you haven't yet found a new gig, hang in there. Persistence will pay off. Like any sales, applying for a job is a numbers game.)
Not sure if this is true in all states, but in mine getting fired for cause disqualifies you from receiving unemployment. You have to be laid off/terminated by no fault of your own.
If fired, I would be eligible for unemployment benefits essentially no matter what. The employer would have to prove gross or serious misconduct for benefits to be denied, and that would only result in a delay of eligibility, not an outright disqualification.
Also, the onus is on the company to demonstrate the misconduct, and the price of an attorney to make that case would far exceed the cost, and creates risk of litigation. So I mostly likely won't be begging on the street, which is a tremendous relief.
I don't think people are being careful about the terminology here. Firing could mean terminating employment because someone is no longer needed (what you are calling 'laid off') but it can also mean terminating employment because they broke some rules or laws (i.e. didn't show up for work, harrased co-workers, etc).
If you are fired "with cause" (i.e. you did something wrong) you aren't eligible for unemployment. If you quit you are not eligible for unemployment. Only if you are fired "without cause" are you eligible for unemployment payments.
And don't overlook the possiblity of some kind of scam being attempted. Get a foot in the door, get fired, sue. Happens all the time with injury claims. Probably less likely since "at will" is the employment law in most places, but it's still safer to terminate without alleging any wrongdoing.
Same reason most former employers will only confirm dates of employment on a reference check. They typically won't comment on performance or reasons for termination, just to avoid any potential backwash.
Usually, that only applies if you were fired for misconduct. And in places where firing for any reason is grounds for denying unemployment, most companies won't fight an appeal.
you would have the opportunity to argue whether you were fired for cause (which determines eligibility for unemployment insurance). in general that's hard to win if you just don't show up to your assigned work location, but there may be grounds to argue that mandatory relocation beyond a certain distance constitutes constructive dismissal.
but notice pay and severance are not mandatory for at will employees. the company basically gets to decide whether it's worth paying you not to sue them.
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