Do I have any rights after asking me to resign?

UPDATED: Oct 2, 2022

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Do I have any rights after asking me to resign?

After 10 years working for Collins Aerospace, I was asked to resign on July 26,2019 due to frequent tardiness. In the last 2 years, I went through 2 brain surgeries and radiation therapy due to a tumor. One of the side effects of radiation is that it makes you feel extremely tired some days and slows you down. The recovery process is slow. I have been trying to do my best, my work was always very good but in the last few months I was having trouble being on time. I spoke to my boss, which was very upset with me, and asked him to consider transferring me to a different department with a different schedule. I work better at night. Also, I privately told him, because he was so upset, that maybe I would think about leaving. Next few days, I was late

again and they asked me to resign. I am in shock, since I have to continue medical treatments and tests to monitor my condition. Plus, I have to pay my bills and my mortgage. I am a single 39 year old female. What can I do?

Asked on July 27, 2019 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Did you resign? If you have not resigned yet, you don't have to--they can't force you to resign, since resignation if 100% voluntary. They could terminate you, but if they terminate you, you'd most likely be eligible for unemployment benefits and might have a claim for disability-based discrimination (though you also might not: an employer does not necessarily need to put up with tradiness or poor work performance, even if it is medically related). So if you have not resigned, don't: force them to terminate you.
If you have resigned, however, in doing so you have given up your right to unemployment, since a voluntary separation from employment (and again, remember: resignation is voluntary) makes you ineligible for unemployment benefits). You also have weakened your case for discrimination vs. the employer taking action to terminate you.

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 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.

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