Do I have any rights after asking me to resign?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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