My Boss Wants for Me to Sign a Resignation Letter

[slpaworker]

My question involves labor and employment law for the state of: TX
My boss wants for me to sign a resignation letter because she found out that I was looking for another job. I spoke to her before asking if I could get more hrs. I am a "full time" employer as well as my other co-workers but we only work 28 hrs a week. It's not on paper that we are full or part timers. Anyways, I started looking for another job that will guarantee me a full time position. I didn't know I was suppord to inform her that I was looking for other job. I went trhough our hand book before and didn't say anything about this. I just says that we should inform them 2 wks in advance our resignation. I was going to do that only If I get the other job. What should I do? Can I get unemployment benefits if I do sign? Help please.

[texas709]

It's highly unlikely that you would get unemployment compensation if you signed a letter of resignation. Your boss may be asking for that so it will diminish your chance in an unemployment claim. You'd be far better off to explain that you need more hours (more pay), and are looking for that. If your boss can't abide the idea, she can terminate you, which would probably ensure at least a little income in unemployment, although Texas is a very difficult state for part timers to get u/c. The fact that your boss calls 28 hours "full time" may have an effect, although there is no legal definition of full time.

One word of warning--do not use your employer's time, equipment, or facilities in your job search. That may be considered misconduct, and disqualify you for u/c.

[slpaworker]

Thanks for your response. I still haven't signed anything yet. I don't know when I will recieve the letter. I haven't used work time or their facilities for the job hunting. I have another question, can I refuse to sign until I get another job? This may sound moraly wrong but can't afford to be unemployed.

[cbg]

You can refuse to sign, yes. The boss may or may not fire you for refusing. Either way is legal. If he does fire you, you will probably get unemployment. I say probably and not definitely because I have learned that nothing is a sure thing, in either direction, when it involves unemployment.