Is it legal for an employer to ask you to submit a resignation even though you haven’t violated any company policies or procedures?
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Is it legal for an employer to ask you to submit a resignation even though you haven’t violated any company policies or procedures?
Asked on September 7, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The key issue is whether you have an employment contract or not.
First, to back up a step: anyone may "ask" you to do anything not itself illegal, and there is nothing illegal about resigning from a job. Therefore, the employer may ask you to resign.
However, if you have an employment contract, then you can only be fired in accordance with the terms and conditions of that contract, such as those relating to either grounds for termination or the process/procedure for termination. Thus, if you have an employment contract, if the employer ask you to resign and you decline, the employer may be unable to take any further action, such as terminating you.
On the other hand, if there is no employment contract, then you are an employee at will. An empoyee at will may be fired at any time, for any reason. That means that if the employer asks you to resign and you refuse, you may be terminated.
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