If I’ve been asked to tender my resignation as opposed to being terminated, how does this affect unemployment?

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If I’ve been asked to tender my resignation as opposed to being terminated, how does this affect unemployment?

I’ve been asked to tender my resignation due to changes around my position. Also, in terms of long term employment elsewhere, what would be critical differences between a termination vs. a resignation?

Asked on August 15, 2012 under Employment Labor Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you resign, that will be construed as a voluntary quit and you will be denied unemployment compensation.  If you are terminated for the reason you stated, you should be eligible for unemployment compensation.  It would be advisable NOT to resign, because you will be denied unemployment compensation.

As to the effect on future employment, that will depend on a prospective future employer.  If you list on your resume that you resigned or were terminated, either way that will look unfavorable to a prospective future employer.


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