Have You Been Asked to Resign? Think Before Taking Any Action!

We’ve all seen the headlines – a well-known public figure resigns from his or her job instead of being fired. In many cases, their employers had every intention of severing their business relationship, but they decided to let the employee save face. A few examples include high-ranking government officials, professional sports front office staff, and big company CEOs that have gained some notoriety and fame. The offer to resign is a professional courtesy to save the person embarrassment and humiliation in the public eye.

But what if an average employee is offered a chance to resign to avoid being fired?

Though there might be benefits, it is important to take a moment to think about the offer – and the reason behind the offer – before agreeing to the arrangement. It might seem appealing to save yourself some embarrassment, but it can actually hurt you in the long-run.

Unless you are a well-known public figure, there aren’t many benefits to resigning to avoid being fired, other than protecting your ego. Future employers will likely wonder why you left a job without another opportunity lined up or they could even figure out your choice to resign wasn’t entirely yours. You stand just as good a chance as being hired in the future whether you accept an offer to resign or you are fired – and in some cases you will even be viewed as a more honest and open applicant if you explain your termination.

Why Would Your Employer Ask You to Resign?

The truth is your employer is only making the offer because of what is in it for them. They might paint a picture of helping you save face, but they are only doing it because it will benefit them.

Some of the reasons you might be offered an opportunity to resign include:

• Protection against accusations of discrimination
• Avoidance of a lengthy disciplinary process
• Ability to object to unemployment benefits
• Avoidance of a severance package

It is also important to remember that you cannot be forced to resign. Your employer either needs to terminate you or you can choose to resign, but that choice is always ultimately yours. Unless your situation is unique and you believe accepting an offer to resign could truly benefit you in the future, you are better off allowing your employer to make the final decision.

Have you been asked to resign from your job? Do you have questions about your termination and you would like to speak to someone familiar with employment law? We can help. Contact Borrelli & Associates, P.L.L.C. to schedule a free consultation to discuss your case.

Published by
Michael J. Borrelli

Recent Posts

What Legal Protections Do Domestic Workers Have in New York State?

Domestic workers play an essential role in many households. They provide child care, housekeeping, cooking,…

3 weeks ago

What Can Employers and Employees Do About Workplace Bullying in New York?

Workplace bullying creates a toxic environment. It can hurt morale, productivity, and mental health. In…

1 month ago

How Do Wage Parity Laws Affect Home Care Workers in NYC?

If you work in home care in New York City, you’ve probably heard about wage…

2 months ago

What Are the Legal Consequences of Employee Misclassification in New York?

If you run a business or manage a team in New York, you might have…

2 months ago

What are the Legal Rules for Employee Surveillance in New York Workplaces?

If you work in New York, you might have wondered how much monitoring your employer…

2 months ago

Are Mandatory Arbitration Clauses Legal in New York Employment Contracts?

If you’ve ever signed an employment contract in New York, you might have noticed a…

2 months ago