Why would an employer attempt to offer a resignation rather than proceed to arbitration?

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Why would an employer attempt to offer a resignation rather than proceed to arbitration?

I currently hold a state position at a facility that is part of the Office of Mental Health. They are attempting to terminate my employment due to a series of allegations against me, in which I believe are not correct. However, they have made 2 attempts to offer me a resignation and a lump sum of money so that I do not pursue this case to arbitration and I still think that I am wrongfully being terminated.

Asked on July 20, 2011 New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Then you need to go and seek help from an employment attorney as soon as you can.  If you believe that you have a case for wrongful termination and the stakes are high - say you want to keep your job - then you need to get help doing that.  Many employers - even the state - do not wish to go through a lawsuit about the issue or deal with unemployment claims.  So they offer a deal to the employee that they wish gone.  You obviously have an employment contract or a union contract, correct?  Then they can not just fire you so they need to pay you off.  But if you do decide that it is not worth going to arbitration make sure that you do not sign anything that would stop you rom being able to work in the state again.  Seek legal help.  Good luck.   


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