If I’ve been asked to tender my resignation as opposed to being terminated, how does this affect unemployment?

I’ve been asked to tender my resignation due to changes around my position. Also, in terms of long term employment elsewhere, what would be critical differences between a termination vs. a resignation?

Asked on August 15, 2012 under Employment Labor Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you resign, that will be construed as a voluntary quit and you will be denied unemployment compensation.  If you are terminated for the reason you stated, you should be eligible for unemployment compensation.  It would be advisable NOT to resign, because you will be denied unemployment compensation.

As to the effect on future employment, that will depend on a prospective future employer.  If you list on your resume that you resigned or were terminated, either way that will look unfavorable to a prospective future employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.