Legal Question in Business Law in Texas

Letter of resignation

I was given the choice of being terminated; or giving a 2 week notice or resignation. I was blind sided at the fact that my job was even in jeopardy? Nevertheless; should I be terminated or hand in a letter of resignation? I do want to find a new job soon & not be out of work; but what if I cannot find a job in a reasonable amount of time & need to collect some type of unemployment until I find a job? What are my best chances in being able to collect on unemployment, being a terminated ee. or a resigned ee.? I was at no time reprimanded or told my job was on the line for any reason - I live in an at will state, so I guess my company did not have to give me a reason. Need advice on whether I should be actually terminated or resign?


Asked on 2/14/07, 10:51 pm

3 Answers from Attorneys
Johm Smith tom's

Re: Letter of resignation

You should talk through all the facts with an attorney if you want to know the specifics for your situation. Generally, I would think you might have better chances of getting a good recommendation if you resign, but it depends on your situation.

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Answered on 2/15/07, 8:37 am
James Grissom Law Office of James P. Grissom

Re: Letter of resignation

If you sign the resignation letter, they will say that you voluntarily left employment - thus no UE compensation. If you can negotiate no opposition to UE claim and resign, that would be OK. At least you could show that to TWC. Otherwise, it might be better to take a chance with termination. No possibilities that they could contest UE claim then

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Answered on 2/15/07, 9:32 am
Lewis Palomino Law Office of Lewis Palomino

Re: Letter of resignation

Mr. Grissom is correct. However, your resignation is being forced upon you and that is a constructive termination. If you decide to resign you should give some thought to wording the resignation letter in such a way that makes it clear that the resignation was not your idea and that you had no choice. This may put you in good stead with TWC and avoid the stigma of being fired. Good luck finding other employment.

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Answered on 2/15/07, 8:13 pm


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