I am being asked to resign or be terminated. What are my rights?

I have been working at my job for 5 months and my boss has told me that she does not think I am the right fit for this position. I spoke with HR and he said I can resign with 4 weeks notice and get my vacation pay, or I can not resign and I will very likely be terminated on the spot. I asked if I would be forfeiting unemployment benefits if I resign and he said that the company would not contest my unemployment benefits and they would categorize my departure as "resignation under duress" or something like that. I asked to get this in writing but he said that's not protocol. I am afraid I am going to get screwed over. What are my rights? Is it safe to resign without anything in writing first? Is there any way I can make him give me a letter?

1 answer  |  asked Sep 15, 2016 12:49 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Resignations are usually considered your fault.

Employers must respond to unemployment and their options are you quit, you were fired, there was lack of work or reduction in force.

A judge will decide whether you were under Duress and not the employer. That's a legal opinion.

Duress might include something the employer did to you which is or was illegal.

Examples: failure to follow Law federal or state, not paying you legally, creating a hostile work environment. That's not what you described.

If you get fired after trying your best to do the job that should not disqualify you unless you have not earned enough or don't qualify otherwise.

99% of the time I suggest never to resign. Constructive discharge, that you had no choice, is really tough to prove.

posted by V Jonas Urba  |  Sep 16, 2016 04:41 AM [EST]

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