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Knowing Your Rights Regarding Forced Resignations

If you feel like you’re being forced to sign a resignation letter courtesy of your employer providing it, a piece on AOL Jobs attempts to set the record straight with several important items to think about.

1. Are you being offered a package? If you’re not, what’s the benefit to your resignation? The piece suggests letting them fire you instead so you’ll “at least get unemployment.”

2. If you haven’t complained about harassment, it’s something to think about doing. Per the piece, if you have experienced discriminatory harassment such as race, age, sex, religious, national origin, disability or other, you should do this before you leave. Donna Ballman writes in the piece, “Otherwise, you might give up your right to sue for any illegal discrimination.”

3. Are you leaving your rights on the table? If you feel forced to sign paperwork right away, take a step back. Ballman points out, “Ask to take it so you can review it. If they demand that you sign on the spot, it’s a red flag. You might be agreeing not to work for a competitor for a year or two, releasing claims for discrimination or whistleblowing, or giving up important legal rights.”

4. Are you forfeiting unemployment? If you’re resigning, you can probably kiss your unemployment benefits good-bye.

Above all, Ballman says, “Nobody can make you quit your job. They can fire you or lay you off. They can make you miserable. But ultimately, it’s your decision and yours alone whether or not to quit. Don’t get fooled into thinking otherwise. Your boss cannot force you to resign your job.”

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