What happens if I’m forced to resign?
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What happens if I’m forced to resign?
Asked on July 5, 2015 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If your boss or HR comes to you and says that you have to resign, it doesn’t mean that you should. Generally, an employee should never resign unless they have another job lined up, or the company offers the employee an incentive to resign that makes it worth their while (e.g. a good severance package). If am employee leaves their job voluntarily, they would be ineligible for unemployment benefits. On the other hand, if an employee resigns bersus being terminated it will look better when looking for another job. The employee should just make sure that their HR file will be clean if they resign and that they will be given a good reference if asked by a prospective employer (or at least they won't be given a bad one).
Frankly, without more information, it's difficult to advise further. Since there are other factors to be considered, at this point you may want to consult with an employment law attorney.
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