QUESTION

Is it better to resign in leiu of termination?

Asked on Jul 29th, 2013 on Wrongful Termination - Texas
More details to this question:
Will my rights be protected?
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Letting your employer fire you, as opposed to voluntarily resigning, better protects your rights to later assert a wrongful termination claim and to obtain unemployment benefits.  If you resign, you may be disqualified for unemployment and, if you later assert a wrongful termination claim, you will be faced with the additional burden of proving that either you would have been fired anyway or in certain types of harassment claims, that no reasonable person would have remained in that position.
Answered on Aug 05th, 2013 at 5:04 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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