Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 5 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.
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.