What Can I Do If I’ve Been Forced to Resign in Denver?

Like most states, Colorado is an at-will employment state, which means that employers and employees may leave the relationship at any time without giving notice. There are certain situations in the workplace where an employer might ask a worker to resign or fire them entirely, without a just cause. In some cases, there may be no complaints or warnings, and the employer or direct supervisor may not even state a reason for the termination, which often leaves the employee unsure about what exactly led to the decision to terminate him.

If you have been asked to resign from your position, you might have several questions, and you are likely feeling a medley of emotions. You might have been asked to sign a termination letter without knowing what you did wrong, if anything. Understandably, your main question might be whether you should sign this letter.

What Happens When You Get Fired from a Job?

Each termination is a unique situation. Generally speaking, employees whom employers ask to resign should avoid signing any document that is unclear or difficult to understand. If your employer hands you a resignation letter to sign, you should not do so until you comprehend the document thoroughly and, even then, only if you accept the consequences of signing it.

Chances are, if you politely decline signing the document, your employer will fire you. If you do sign it, however, you’ll be out of a job anyway. You do not have much to gain by signing a letter of resignation. If a person refuses to sign a letter of resignation, the employer can fire them regardless. Thus, if your employer asks you to sign a resignation letter, have the following questions ready.

Questions to Ask When You are Fired Without Warning

Before deciding whether to sign a termination letter, you should ask the following questions:

Will I get severance?

Usually, this is an issue when an employer asks a worker to resign because they don’t want to fire them. Severance pay is generally included in this deal; however, the amount depends on the company size, field, length of time working there and the reason for the resignation request.

Will the company pay unemployment?

The subject of unemployment insurance depends on the state. If a person applies for it, the company can object to it. The employer can merely present the termination letter and use it against the person. If the company doesn’t object, unemployment may be granted.

What will the employer say if they are called as a reference?

Employees should ask human resources and their supervisors how they will respond to questions from future prospective employers. Human Resources departments generally confirm dates, salary, and reason for leaving. A supervisor may say more or omit important information. In some cases, it might not be wise to list the employer as a reference.

Can my attorney review the letter before I sign it?

A Denver employment lawyer can help you make the best decisions in matters of employment. If your employer objects to you showing the resignation letter to your attorney, the document is not in your best interests.

What will be the official reason for termination according to HR?

The answer to this question matters for references and unemployment. At no point should you feel like you don’t have options or the power to negotiate during this challenging situation. When these situations arise, the goal is often to have you leave the company quietly. To accomplish this, they may be willing to provide a few perks. Don’t miss out on this opportunity.

If you ultimately resign at your employer’s request, you have no obligation to explain your termination in future job interviews. If the termination was your fault, you are almost always deemed ineligible for unemployment insurance benefits.

Taking Legal Action Against Employers in Denver

If you’re not sure what to do when an employer is pressuring you to resign, or terminates you without cause, you can speak to a Denver employment lawyer. At the Davidovich Law Firm, attorney Nathan Davidovich has 55 years of experience enforcing Colorado workplace laws. Call us at 303-825-5529 to discuss your case.

The Davidovich Law Firm holds a 2015 Clients’ Choice Award for their outstanding services and has a 100% Client Recommended Review on Martindale.com, the premier rating service for attorneys.