Is it illegal for my boss to keep asking me to quit for personal reasons?

UPDATED: May 31, 2012

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Is it illegal for my boss to keep asking me to quit for personal reasons?

She said she won’t fire me because she doesn’t want to pay unemployment.

Asked on May 31, 2012 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it's not illegal. Your employer may fire you at any time, if it wants to, unless you have an employment contract to the contrary; that being the case, since it could fire you if it chose, it can ask you to quit. However, it can't make you quit--if you refuse to go, its option is to terminate you. The fact that it's in the employer's interest for you to quit, rather than being fired, is irrelevant--people and businesses are allowed to act in their own economic interest (as you are acting in your interest, by not quitting, for example).

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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