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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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asked to submit a letter of resignation in lieu of termination.

Resolved Question:

asked to submit a letter of resignation in lieu of termination. How do i craft it so as not to jepordize future employment or benefits?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 years ago.
HelloCustomer

Unless you are being threatened with termination for misconduct, I would think long and hard about resigning. The reason is that unless you are considered to have quit for "good cause" you will not be entitled to unemployment benefits. Good cause does not generally include resigning in lieu of termination unless your employer is coercing you into resigning so that they don't have to lay you off or other terminate you for a reason not attributable to you. As far as future employment, unless again, you're being terminated for cause, you shouldn't be unduly concerned about the stigma of termination versus resignation. In today's economy and employment situation, many employees are being terminated and are not added disadvantage because of that as long as the termination are not due to their actions. If you decide you still want to resign, any resignation letter should be short and to the point. You do not have to give a reason for resignation.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17024
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 11 other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
what should i say in the leter they are qequiring
Expert:  Marsha411JD replied 4 years ago.
Hello again,

Since I don't know your specific situation or why you are being terminated I can't say what your letter should have in it. If I were writing a resignation letter it would merely say "As of XXXX (the day of your resignation letter) I am resigning my position to be effective XXXXX(on your last day of work)." You do not need to include a reason since, unless you are employed under a contract, you are an employee at will and do not owe your employer any more explanation then they owe you, which is none.

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