Legal Question in Employment Law in Florida
Termination
I am going to be terminated Have been given the choice of either Resigning
and being paid for 30 days or being Terminated and paid for 30 days. Which
is the best way to go? I am going to contact the Labor Board to see if what is
being done is legal but for now I need to know which is the better decision to
make. Thank you for your assistance.
--name removed--Williams
3 Answers from Attorneys
Re: Termination
Legally, the only difference would be whether you are more likely to be able to recover unemployment benefits if you seek them once you stop receiving wages. Additionally, there really is no "Labor Board" in the State of Florida per se, so please consult an attorney to determine if you have possible claims for discrimination, unpaid wages (overtime, etc). which you may be able to enforce.
Re: Termination
If you resign, you may not be able to collect unemployment benefits unless you can prove you were forced to resign so it actually was a termination (referred to as constructive termination). If you have another job to go to, this is moot.
On the other hand, if you are being terminated for cause (misconduct or some other problem), and you are guilty of the act, then it may be better to resign rather than to have a termination on record. Only you can decide what is best.
There is no "labor board," although the US DOL can give you some general info. They are at usdol.gov. If you feel you are being discriminated against due to age, religion, sex, national origin or race, you can file a complaint for free with the EEOC or the state or county human rights commission.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
in either case, you should get you r employer ot agree to give a neutral reference in the future to possible employers - that is, only state that you worked for them, your title, and dates of employment - but not the reason for separation.
Re: Termination
If you resign, you may not be able to collect unemployment benefits unless you can prove you were forced to resign so it actually was a termination (referred to as constructive termination). If you have another job to go to, this is moot.
On the other hand, if you are being terminated for cause (misconduct or some other problem), and you are guilty of the act, then it may be better to resign rather than to have a termination on record. Only you can decide what is best.
In either case, you should try to get your employer to agree to give only a neutral reference in the future to possible employers - that is, only state that you worked for them, your title, and dates of employment - but not the reason for separation.
There is no "labor board," although the US DOL can give you some general info. They are at usdol.gov. If you feel you are being discriminated against due to age, religion, sex, national origin or race, you can file a complaint for free with the EEOC or the state or county human rights commission.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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