which is to my benefit to resign or be fired

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which is to my benefit to resign or be fired

I work in the natural gas industry in the field mechanic i,m 63 years old the temperatures have been in the upper 90’s I had aspell of heat exhaustion went to doctor was released the next day. the next week my boss told me to take amy week vacation and to give my 2 week notice of resignation or he would start termination proceedures.

Asked on July 11, 2019 under Employment Labor Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Termination is preferable to resignation because resignation will be construed as a voluntary quit resulting in a denial of unemployment compensation. 
Since termination is due to health issues, you should be eligible for unemployment compensation.
Unemployment compensation can be denied when termination is due to misconduct.


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