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  1. #1
    Join Date
    Feb 2009
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    5

    Default Pro's and Con's of Resignation vs. Termination

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

    My current company has given me the option of resigning or being terminated w/cause. Can someone tell me the pro's and con's of each option. Most of my friend say I should make them terminate me.

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

    Default Re: Pro's and Con's of Resignation vs. Termination

    Before I answer that I want to know their reason for asking you to make that choice. It makes a difference how I respond.

  3. #3
    Join Date
    Feb 2009
    Posts
    5

    Default Re: Pro's and Con's of Resignation vs. Termination

    One year and nine months ago the company sent me to Alcohol Treatment. I had to sign an agreement upon my return stating I would stay sober for two years.
    Three weeks ago I checked myself in for treatment again. My company said that once released from doctors care, I would have to resign or be terminated with cause, since the agreement was not fullfilled. I am currently collecting sick pay in the interim.

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

    Default Re: Pro's and Con's of Resignation vs. Termination

    In many cases I would agree with your friends. In this case I think I disagree. You are the one that did not live up to your end of the agreement. Since it's unlikely to matter to unemployment benefits either way (I'll explain that in a minute) I think in the long run it will benefit you more to be able to say that you resigned, than that you were fired for alcohol-related reasons.

    As far as unemployment goes, a quit-or-be-fired generally is treated as a firing where benefits are concerned, even if you elect to quit. But even if you take your friends' advice and go for the firing, I think UI is a long shot since you will be fired for cause. Whether you quit in a quit-or-be-fired scenario, or whether you are fired for cause, UI is unlikely. But one is not any more unlikely than the other. So if you take UI out of the picture, which would you rather tell a future prospective employer: (a) "I resigned in order to take care of a medical condition which I now have under control" or (b) "I was fired for breaking an agreement to stay sober for two years"?

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