Many employers in the greater Detroit area will offer an employee the chance to submit a resignation in lieu of formally firing the employee. The employer may pitch this as a good deal for an employee since they won’t have to report getting fired when looking for a new job.
Unfortunately, though, this can often backfire as many savvy employers are now asking whether an applicant has been asked to resign from a job as opposed to getting fired.
On the other hand, employers often enjoy the benefits of a resignation, which may include the benefit of not having to pay unemployment and also an extra layer of protection from a future lawsuit.
Asking for a resignation does not give an employer a free pass
An employee should think carefully before agreeing to resign in lieu of being terminated and may want to go over their options with a Michigan employment lawyer before making any final decisions.
However, it is important for Michigan workers to know that, even if they do resign, so long as they have not signed a severance agreement or otherwise waived their rights, they still may have the right to pursue their employer for compensation for violations of state or federal laws which protect employees.
By way of example, many employers may try to force employees out the door by asking for a resignation when the employee is insisting upon his or her legal rights, including a right to receive an earned commission.
In other cases, an employer may ask an employee to resign because the employee has reported an employer’s misconduct or has refused to cooperate with it.