Legal Question in Employment Law in New York

Voluntary resignation and unemployment benefits??

Hello, I have been working at a

company for almost 3 years. The first

two years were great but then slowly

went downhill, massive layoffs,

management changes etc... I

returned from maternity leave in

December '08, my boss retired in

February and shortly after my

position changed without notice and

my work environment became a little

hostile. now, a colleague recently left

and I was presented with a new job

description (that I had to force them

to give me) that I kindly turned

down. The company is asking me for

a resignation letter but I am refusing

to give it to them because the way I

see it is that my job was eliminated. I

will not survive without

unemployment benefits and I am not

sure how to handle my situation. Any

advice would be appreciated.


Asked on 6/23/09, 7:25 pm

1 Answer from Attorneys

Randall Brett Law Office of Randall P. Brett

Re: Voluntary resignation and unemployment benefits??

The best advice I can give you now is to avoid giving a resignation letter or signing anything until you speak with an attorney. In addition to your rights to unemployment compensation, there may be other benefits that are at risk if this is not handled correctly. While an attorney will likely charge you a consultation fee, he or she can review the facts of your situation and advise you on how to best deal with your employer.

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Answered on 6/23/09, 8:22 pm


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