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Can my request for transfer be interpreted as resignation,

in the event the transfer...
Can my request for transfer be interpreted as resignation, in the event the transfer is unsuccessful? Verbally, my manager said I wouldn't be fired for requesting the transfer. transfer is positive (I interviewed) but they still have a chance to reject me. after my interview, my manager informed i was written out of next years budget and requested my resignation letter. they want my resignation before I know whether I have the transfer or not.
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11/24/2017
legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 11,868
Experience: General Practitioner. Research Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this;

A transfer request is not considered a resignation unless the employment contract has that provision in it; otherwise a transfer request is merely that.

However the employment relationship is typically "at will" meaning either party can terminate the relationship at any time, for any reason, so long as it is not based on illegal reasoning (ie discrimination).

It is possible to assert a claim that there is an implied contract based on oral contracts, emails, policy manuals, etc; but typically the prevailing view is that the employment relationship may be terminated at any time.

A party cannot be forced to provide a resignation letter, but this will not prevent the employer from unilterally terminating the relationship. Often a resignation letter is offered in exchange for a valuable consideration-ie severance package, so that can be discussed.

Further questions please post here; otherwise kindly rate positively!

All information is provided for educational purposes only; for legal advice please consult a personal attorney.

legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 11,868
Experience: General Practitioner. Research Attorney
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Customer reply replied 2 months ago
thank you so much, this is very helpful. i'm hoping to be eligible for unemployment given the situation that the transfer is unsuccessful. my current situation isn't good anyway so this will push me to find the right fit, if i don't get picked up by the transfer office. im still very hopeful but trying to prepare. thanks again, really.

You are most welcome; I certainly hope you get the transfer.

Please review the below for unemployment benefits as if it is determined the employee voluntarily resigned benefits are usually not permitted:

https://www.dws.state.nm.us/Portals/0/DM/UI/PracticeManual/UI_Practice_Manual_2016_0401.pdf?ver=2016-04-01-103012-000

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legalg
legalg
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