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  1. #1
    Join Date
    Jul 2012
    Posts
    4

    Default Forced Resignation vs Termination

    My question involves labor and employment law for the state of: GA

    I have been offered the opportunity to resign from a job I've held for 5+ yrs, or be terminated.
    I am unclear what might be the advantages (or disadvantages) of either course of action.
    In either case, I am told I can appeal the decision, have my case reviewed again.
    Not sure how that works, if I [in]voluntarily resign my position...

    In any case, it's dismissal with prejudice and I cannot seek employment with this company again.

    I do not dispute they have cause to dismiss me and understand the at-will aspects of it.
    I did not choose to lose my job but they have seen fit to deny me employment.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forced Resignation vs Termination

    Without knowing what cause they have to dismiss you, it's not really possible to say.

  3. #3
    Join Date
    Jul 2012
    Posts
    4

    Default Re: Forced Resignation vs Termination

    I am/was an Airline Employee. I was off the clock, leaving work but still at the Airport when I had a run-in with a customer.
    He was in my way, blocking my advance and I muttered something under my breath whereupon he turned to confront me
    and took note of my uniform. He proceeded to take my picture while blocking the door to the elevator I was attempting to use.
    I pushed him out of the way of the elevator door. So, I technically assaulted a customer while in uniform and at work.
    He made a complaint, I was identified and suspended without pay for 10-days' time and was today informed of my option.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forced Resignation vs Termination

    Tough call. The chances of UI being denied are pretty good either way.

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Forced Resignation vs Termination

    Quote Quoting ckzrob
    View Post
    I pushed him out of the way of the elevator door. So, I technically assaulted a customer while in uniform and at work.
    Um, it looks to me like you actually assaulted a customer. Pushing = assaulting.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Forced Resignation vs Termination

    Concur with cbg. Whether you're terminated or you voluntarily quit, you're unlikely to receive UI, since you're being dismissed for cause.

    In your shoes, I'd make them fire me, then I'd apply for UI. The worst that can happen is that UI says No. You lose nothing by applying.

  7. #7
    Join Date
    Jul 2012
    Posts
    4

    Default Re: Forced Resignation vs Termination

    It's the "at work" part that I find to be a technicality... but, if you take 'technically' for an adverb modifying 'assaulted' -- rather then the entire phrase that follows, I must concede the actuality. ;p

  8. #8
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Forced Resignation vs Termination

    You were in the workplace (the airport) and in uniform. It's completely reasonable and approriate for the airlines to hold you accountable for your behavior under those circumstances.

    I see you upside for you to resign. Even if you quit, you're going to have to explain to prospective employers all the circumstances surrounding your resignation.

  9. #9
    Join Date
    Jul 2012
    Posts
    4

    Default Re: Forced Resignation vs Termination

    Quote Quoting ckzrob
    View Post
    I do not dispute they have cause to dismiss me.
    Thank you for your responses...

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