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Brandon M.
Brandon M., Counselor at Law
Category: Employment Law
Satisfied Customers: 12620
Experience:  Licensed attorney
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My company is going through a criminal investigation. In the

Customer Question

My company is going through a criminal investigation. In the state of Virignia. I was the executive director I was suspended with pay for 3 weeks then they came to me last Thursday and asked me to resign or they could send a termination letter in the mail by close of business, but they rather I resign. I have a few questions. 1. Should I resign to be able to get jobs.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: 2. Can I file unemployment being forced to resign
JA: Has anything been filed or reported?
Customer: Virginia is the state. No I have not been charged or anything reported I believe the board removed me to look into it themselves to either help the investigator that was asking questions or wanted to release me so that it could be over fast. I don't know if the investigation is still pending, I don't know if I resign am I still at risk since I don't work for the company no more I am not sure how this normally works
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not right now I may have a question later
Submitted: 10 months ago.
Category: Employment Law
Expert:  Brandon M. replied 10 months ago.

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!