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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19319
Experience:  Employment/Labor Law Litigation
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My employer has decided to terminate my employment. I have

Customer Question

My employer has decided to terminate my employment. I have been made an offer to accept the termination (resign) and they will pay unemployment or if I do not accept the termination, they will fight unemployment compensation claiming cause.
Can they do this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

If you don't have an employment contract stating that you can only be terminated for cause, then yes they can.

This is called 'at will' employment, which means you can legally be terminated at any time, with or without cause. Now, I will say that resigning is a trap. If you resign, they don't get to decide that you get unemployment. The state makes that determination and if the states knows that you resigned, you'll be disqualified for unemployment.

However, if you are actually terminated, the employer has to prove "cause" to be able to block your unemployment, either through evidence of your breaking company policy or some other clear example of misconduct. The burden would be on them then, so I do not think it is wise to resign.