Employment Law Questions? Ask an Employment Lawyer.
Good afternoon. I'm sorry that you're going through this. 1. When looking for new jobs, you can expect to need to explain your reason for leaving, regardless of whether you're terminated or resign. If you resign with the expectation of being terminated, that doesn't provide a lot of extra protection for you with new employers. It's also important to recognize that there's a difference between being terminated "for cause" and being terminated due to the needs of the company. Being terminated because the company is trying to deal with their own criminal investigation generally isn't as offensive to a prospective employer as being terminated because you engaged in the criminal conduct. One positive thing about voluntary resignation is that you can negotiate, as part of your voluntary resignation, what the employer will tell new prospective employers about the terms of your separation.2. Generally, if someone resigns, they are ineligible for unemployment benefits. However, when the employee functionally had no choice but to quit (e.g. they are told "quit or we'll fire you"), they are not disqualified on that basis. I should be clear, however, that either way, an employee terminated or asked to resign for job-related misconduct will generally not be eligible for unemployment benefits.3. Resignation or termination will not absolve you of any criminal misconduct that you may have already committed.Let me know if further clarification is needed, and please feel free to leave a rating once you are finished (it does not cost anything extra to do so, and it is the only way I may be credited for my answers.) Thank you!