If you are being let go because your job is being outsourced, is it legal for the employer to say that you are resigning?

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If you are being let go because your job is being outsourced, is it legal for the employer to say that you are resigning?

Asked on January 26, 2011 under Employment Labor Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it is not, unless you are agreeing to that term for other reasons, such as a severance package that compensates you very well so that you do not have to file for unemployment or you waive your right to same because of the package.  At best you have been let go for reorganization, and that is being given the pink slip without a doubt. Go and file for unemployment but before you leave please make sure that you have the proof you need that you are being let go and NOT resigning: copies of emails and other internal memos; letters stating what was happening and the outsourcing of your position, etc.  Good luck to you.


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