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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Question Forced Resignation Suggested During Hr/Legal Investigation

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

    My inquiry is regarding a forced resignation and my employee rights.

    I am nearing the end of a two week investigative administrative leave after previously being interrogated by HR and legal for a safety report filed against me. I have received no updates on my investigation until yesterday, when I was called into a meeting with my senior management (without HR) yesterday, who indirectly suggested that I resign as "things are not looking good" in regards to my investigation.

    They did not state any specific grounds for termination. They made it clear that this is the best "option" to maintain my reputation and I have been an employee for nearly 5.5 years in very good standing with the organization.

    I am concerned for leaving without any severance package or letters of recommendation. I am also concerned that I might forfeit my right to unemployment if I resign. I am looking for any advice on the best course of action given the circumstances.

    Thank you for your valuable input.

  2. #2
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Forced Resignation Suggested During Hr/Legal Investigation

    If you quit, you are more than likely ineligible for unemployment. If they want to fire you, let them. They are offering you an opportunity to resign because it benefits them, not you. However, if you are fired with cause (i.e. as a result of doing something unsafe), you may also be ineligible for UI benefits. So since you haven't elaborated on why you were placed on leave, no one can really say what your best option is.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,488

    Default Re: Forced Resignation Suggested During Hr/Legal Investigation

    There is no legal requirement that they offer severance, and letters of recommendation aren't worth the paper they're printed on.

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