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Is it legal for an employer to terminate me for
not being a good fit and then offer to pay me
severance pay of two weeks if I resign? I have
emails from them not accepting my Involuntary
resignation and telling me what to put in my
letter. I also have a recording of the owners call
to me stating I can either resign and he will pay
me two weeks or he will terminate me with no 2
Asked on July 2, 2018 under Employment Labor Law, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, an employee not being a "good fit" is a perfectly legal basis to terminate someone, unless you had an employment contract preventing termination for this reason: in the absence of contratual protections, *all* employment is "employment at will" and you may be terminated at any time, for any reason at all.
An employor is not required to offer severance when your job ends unless you have a contract requiring severance.
It is legal to offer an employee severance if he voluntarily resigns, but not if he is terminated--and to terminate him if he won't agree to resign. Again, it all comes down to "employment at will": you have essentially no rights to or at your job.
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