Can my employer make me resign?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.)

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