You should seek legal counsel if your employer forces you to resign. Although it can be permitted, employers should be aware of the applicable laws to ensure they act lawfully, and employees should understand their rights to protect them.
Rowdy Meeks Legal Group LLC is a nationally recognized employment attorney firm fighting overtime, wage violations, and other employment claims.
What Does it Mean If Your Employer Forces You To Resign?
Employers may have various reasons for encouraging or pressuring employees to resign. However, such actions can raise legal and ethical concerns. Managers, supervisors, or employers can pressure employees to resign which can violate employment laws.
A forced resignation isn’t voluntary, unlike a traditional resignation. Whether a forced resignation is illegal depends upon the facts and circumstances surrounding the resignation.
Common Reasons For Forced Resignation
Here are some common reasons an employer may force an employee to resign.
- If an employee consistently underperforms or fails to meet job expectations.
- In situations where a company is facing financial difficulties or restructuring.
- When conflicts arise in the workplace, particularly between employees or involving a supervisor.
- During layoffs or downsizing, employers may allow employees to resign voluntarily instead of being terminated.
- Employment contracts or severance agreements may include provisions that offer employees the option to resign in exchange for certain benefits, such as severance pay, extended health coverage, or favorable references.
What Can You Do If Your Employer Forces You To Resign?
Sometimes, encouraging an employee to resign is best for the employee and the employer. However, if an employee believes he or she was forced to resign under duress, as a form of discrimination or retaliation, or due to other unlawful reasons, the employee may take legal action against the employer.
Protect Your Legal Rights
Understanding your rights and the reason for your forced resignation is essential. Depending on the factors contributing to your constructive dismissal, you may still have rights as an employee. You have the right to resign voluntarily, but you shouldn’t be subjected to coercion or unfair practices.
Collect and read documents relevant to your forced resignation, like your employment contract or employee handbook. Some companies have policies related to resignations, terminations, and workplace conduct.
Seek Legal Counsel
An experienced employment attorney can help assess your case if your employer forces you to resign. The attorney can review the relevant documentation and help determine if your forced resignation is legal or you are being wrongfully dismissed.
If your employer is trying to force you to resign, you don’t have to respond to the request immediately. Resigning might be the best option for your particular situation. However, you may be ineligible to collect unemployment benefits if you leave voluntarily.
Taking your time, talking with an attorney, and assessing your options are important. You can ask your employer to follow the standard termination procedure if you don’t want to resign.
If your work environment is hostile and you want to leave, you may be able to negotiate the terms of your departure. For example, you may be able to arrange for severance pay, a later end date, or a positive reference.
If you decide that you want to keep your job, ask your manager whether there are options that may allow you to remain in your role. If your employer wants you to resign due to poor performance, you could ask about a probationary period. Lastly, if there is another reason, like a conflict with a supervisor, you may have the opportunity to transfer.
Negotiation helps you take control of the situation. It allows you to leave your job on terms that make finding a new one easier and less stressful.
Contact an Employment Attorney to Assess Your Case
Employees have rights; you deserve to fight for yours during a forced resignation. Rowdy Meeks Legal Group LLC has the experience and knowledge to assess your case and provide constructive feedback.
If your employer forces you to resign and you need guidance, you should contact our firm for a free case evaluation.