Q&A for How to Respond when You Are Asked to Resign

Not technically, no. If you are asked to resign, then your performance is usually deemed less than satisfactory. If you refuse to submit your resignation, then you might instead be fired.

Your healthcare provider is the one to determine if you can perform the essential functions of the job. If you require a reasonable accommodation based upon your healthcare provider's assessment, ask your employer for one. Your employer should engage in a reasonable accommodation discussion with you. They should ask you what ideas you have that would enable you to do the job.

Technically, if your employer asks you to resign, it is indeed a sort of negotiation. If they can't afford to fire you, and you miss out on a severance package if you resign yourself, then you might want to be compensated in some way, and you might be able to negotiate with your employer. Much depends on the circumstances, though.

Politely decline to resign. If you resign, you have a good chance of not receiving unemployment benefits. They count on your fears or shame of being 'fired.' Wait for them to make the next move. If fired, thank them for the opportunity they gave you to work for them. You can then ask them why they are firing you, or negotiate a financial departure, or just put your your hand to shake their hand and say goodbye. Someone will then most likely walk you to your office and stand there while you pack. You can ask them for boxes. Most states will not allow a former employer to tell another employer or future employer on what terms you left. On job applications, use HR's phone # in work history.

Check with legal affairs or with a lawyer; many developed countries have laws in place that specifically forbid this. An employee cannot request to be fired, nor can a company request an employee to resign. If they request this of you, they may be doing something illegal, in an attempt to avoid paying you a severance payment. If they want to get rid of you, they must follow the procedures in place at the time of the events - even if it costs them. In the future, be much more discrete about these things.

That should be grounds for a lawsuit if you can show that you were doing the work that they refuse to pay you for.

Much depends on why they asked you to resign. If your position was being eliminated, they may not have had any choice but to let you go. Seeing as how they now want you back, it means you were valuable to them and their situation has changed. However, if they did this once, they might do it again. If you truly feel hurt and angry, politely decline and look for employment elsewhere.

If you are being asked to resign because of physical limitations, be careful. If you voluntarily resign, you may not be eligible for unemployment. Employers are to make "reasonable accommodations" for people with handicaps. Get your doctor's (signed) statement in writing and have a copy placed in your employee file. Tell the administrator if they cannot accommodate you, they can fire you (making you eligible for unemployment). You also should check to see if your benefits include short or long-term disability benefits. If you quit, you lose them. I would also contact an attorney who specializes in employment and disability.

No, you do not.

An employer cannot give you a bad reference. The worst an employer can do is refuse to give you a reference.

Your manager will usually provide you with the option of either mutual termination (both you and your employer mutually decided to part ways) or have you forcibly terminated by the employer. The former option of mutual termination is you being asked to resign. If they are not clear about their ask, clarify it with them before you leave the meeting, or in a subsequent discussion to ensure you are clear on what they are proposing.

It is not illegal to ask for a resignation. It is illegal to unfairly dismiss an employee. Seeking alternative employment is not a disciplinary offence. If you resign then you will do so of your own accord and, in the eyes of the law, terminate your own contract of your own free will. If my manager asked for my resignation for looking at other career opportunities, I would file a grievance against him with HR.

It's not illegal, but is very underhanded. It is illegal for employers to provide a bad reference; they can refuse to reference, but cannot provide a reference that hinders a former employee's ability to obtain employment. Most reasonable employers will only refuse to reference if the employee has been dismissed. If an offer of employment elsewhere is rescinded due to receiving a bad reference from your current employer, then ask for a copy and take it to your lawyer to start a lawsuit on grounds of defamation of character.

No, in a word. Resignation is entirely voluntary and you will be terminating your employment contract of your own free will. It is therefore your decision if you wish to resign. Understand why the request was made and the consequences if you do not resign; if the offer for you to resign is to prevent dismissal, then that is something you will need to consider.

You can stay and either get fired or work through the reasons why your employer wants this.

You don’t have to state you were forced to resign. You can always say something like “my company downsized” or “my position was eliminated."

This is fraudulent. If you can afford to, try to hire a lawyer to discuss this with your employer, as it is lying about termination. Or, contact your union for advice, which will should not cost you anything.

Absolutely not, your severance pay is obligated to you alone directly from your previous employer.