Can my employer make me resign?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my employer make me resign?

The doctor I worked for has retired and the office will close. Options are either resign or transfer to another dept. Do not want to resign but transferring to another department is not ideal due to location and/or job duties. Preferably would like to stay with organization been here 15 years, stay as close to home as possible, doing a job similar to what I do now. If I resign, I lose all my benefits and I’m not sure I would qualify for unemployment.

Asked on February 1, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they cannot make you resign: resignation is purely voluntary. However, they can certainly terminate you or lay you off if you will not accept the transfer: unless you have a written employment contract preventing them from terminating you in this situation or guarantying you employment, you are an employee at will and may be terminated at any time, for any reason. So you have have no right to keep your job unless you do what the employer wants; at least if you are terminated rather than resigning, you will most likely be eligible for unemployment benefits. (Voluntarily leaving work--i.e. quitting or resigning) makes you ineligible for unemployment.)


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption