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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17216
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I got fired but my employer did not ask me to sign anything.

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I got fired but my employer did not ask me to sign anything. I asked if I had the option to resign and was told "You don't understand. I'm terminating you."
If I didn't sign anything, can I still resign so I can get my accrued vacation time?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is a complicated issue,

wallstreetfighter :

if you resign from your job after a termination,

wallstreetfighter :

it would not be accepted by the employer, and since your job was already terminated it would not be allowed.

wallstreetfighter :

Also, if you resign, you cannot obtain unemployment benefits,

wallstreetfighter :

since you were terminated, you would be entitled to unemployment benefits,

wallstreetfighter :

unless they claim you were terminated for misconduct,

Customer:

I'm not interested in unemployment benefits. I would like my accrued vacation and not have to say in an interview I was fired from my last job.

Customer:

But I didn't sign anything. Does that matter?

wallstreetfighter :

No Texas or federal law requires employers to make payouts of accrued but unused paid leave, although in rare instances, usually involving express contracts, some courts have required such payments to former employees. That is a matter left to employers to specify in their company policies. Thus, it is very important for employers to develop a clear, preferably written, policy regarding paid leave and follow it exactly.

wallstreetfighter :

The fact you did not sign anything, is an issue, however if you want to state you resigned, and the new employer contacts the prior employer,

wallstreetfighter :

they will state you were terminated.

wallstreetfighter :

Texas is an at will State, so the employer can terminate an employee at anytime for any reason,

wallstreetfighter :

if you can state that you sent a resignation letter prior,

wallstreetfighter :

that would help you,

wallstreetfighter :

or if you can state the employer terminated you before you had a chance to resign,

wallstreetfighter :

that may be a good way to handle this.

Customer:

Nothing I can do then, huh?

wallstreetfighter :

At this point, you should send a letter to the employer and state that you will bring a defamation lawsuit against they defame you to potential new employers,

wallstreetfighter :

this way if they are contacted they would limit disclosure of your work history to salary and dates of work,

Customer:

They said I shared HR information with an employee and an investigation was done. The investigator determined I did share privileged information but they can't prove I did and I can't prove I didn't.

wallstreetfighter :

You should still send the letter, it will protect you from any negative reference, if they cannot prove you did anything wrong, they cannot state this to future employers

Customer:

Thank you for your help.

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback.

Customer:

I will!

wallstreetfighter :

thank you

wallstreetfighter and 5 other Employment Law Specialists are ready to help you