Are they allowed to make me resign?

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Are they allowed to make me resign?

I am a part of 2 fire departments in my town; 1 of the 2 departments passed a new by law saying if you are an active member of the other department you are presumed to be resigned. Are they allowed to use that bylaw to

Asked on March 9, 2018 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They cannot make you resign--resignation is voluntary. They can, however, terminate or fire you unless you have a still-in-effect (i.e. unexpired) written employment contract for a defined period of time (e.g a one-year contract) which, by its terms, prevents your termination for this reason or otherwise guarantees your job. In the absence of such contractual protection, your employer may terminate you at will, regardless of when you started working there.


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