If you resign do you lose your rights

UPDATED: Oct 1, 2022

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If you resign do you lose your rights

I had a administrative hearing for wrongful termination for misconduct. The
judge up held the decision. My supervisor testified that I had been
complaining to her for some about the harassment from the supervisor i had
the encounter with that lead to my termination. When the judge called me with
her decision of not allowing me to receive my retirement benefits, I accepted
a resignation instead of termination so that I could seek new employment as a
registered nurse. Can I fight for my retirement benefits. I could have
resigned at that time. I don’t know why they withheld my retirement. I had
the amount of service and the age requirement. Please advise. Thank you

Asked on October 23, 2017 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Resiging means you cannot contend that you were terminated improperly: you voluntarily left employment and were not terminated. You still have whatever rights any other employee who resigned at your employer has. So if resigning does not eliminate your retirement benefits under the terms of your employer's retirement plan, you are still entitled to them (assuming you had otherwise qualified for or vested in them). On the other hand, if under terms of the plan, resigning deprived you of the benefits, you would not be eligible for them (as you would not be if you failed to qualify for them for any reason). You need to see what the terms of your retirement plan said.

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 AttorneyPages.com 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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