Can my employer tell me that I have to resign because they just hired someone for my position?

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Can my employer tell me that I have to resign because they just hired someone for my position?

When I first got hired I wasn’t able to do the days that were given to me and had a misunderstanding. I went to human resources and told them about my situation and why I couldn’t work those days. They didn’t want me to quit so they told me there was another position available until I find something that fits my availability or if I come to like the new position and doing a great job then I can have it. I’m really upset and surprise that they told me like that and never know they can only give me a week for no reason. I need to know is it against the law or not to make someone resign?

Asked on September 30, 2015 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They can't force you to resign. But they can terminate you any time they want, for any reason whatsoever, unless you have a written employment contract protecting your employment. Therefore, this might better be considered "resign, or else"--i.e. resign, or be terminated/fired. Of course, if you resign, you will not be able to collect unemployment insurance/benefits, whereas if you are terminated, as long as you were not fired "for cause" e.g. for insubordination, violating company policy, etc. you may be able to receive unemployment therefore, you may wish to not resign and let them terminate you.


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