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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
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Experience:  Former judicial law clerk, lawyer
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I am on paid suspension leave until today while they do their

Resolved Question:

I am on paid suspension leave until today while they do their investigation. I told them that I will not quit because I feel I have done nothing wrong. They completed their investigation and said that they do not want me to come back BUT they want me to resign and sign a release not holding them liable for any claims in the future. I told them to fire me if they had just cause but they refused. They want me to sign the release agreement. In the release agreement, they give me 21 days to sign. So that I sign today they added a one month severance. My question:

If I do not sign today and ask for modifications to the release am I considered as quitting?
I do not want to loss my chance of unemployment should I need to use.

I work in San Francisco, CA
Submitted: 6 years ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 6 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that you are losing your job. If they are trying to push you to resign and you refuse, you will not be seen as quitting. In a situation where your employer tells you that you are going to be terminated, it is not considered a voluntary resignation. You will still be eligible for unemployment, unless they are found to have terminated you for cause.

Good luck.
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