Is it legal for an employer to ask you to submit a resignation even though you haven’t violated any company policies or procedures?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption