Can my employer ask that I lie and say I’m resigning to spend time with my family, when in fact I’m being fired?

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Can my employer ask that I lie and say I’m resigning to spend time with my family, when in fact I’m being fired?

I was asked to resign due to performance issues. I stated I did not want to resign and requested a termination letter. They have not given me the letter yet, and requested that I tell my employees that I am stepping down to spend time with my family. Which is a lie. Is what they are asking me to do illegal? I am not stepping down they are firing me.

Asked on July 27, 2011 Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The employer's action is illegal and is an attempt to perpetrate a fraud because if you say that you resigned, you won't be eligible for unemployment compensation.  If you are fired, you will be eligible for unemployment compensation.  If you say that you "stepped down to spend time with your family", this will be construed as a voluntary quit which will render you ineligible for unemployment compensation.


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