When you are given the choice of resigning or being fired, you need to ask yourself, “What’s in it for me if I voluntarily resign?” In general, resigning from a job makes you ineligible for unemployment benefits. This loss can be significant. In Minnesota, unemployment benefits can be up to 26 weeks and depending on your salary, a maximum of $658 a week.
While resigning allows you to tell future employers you chose to leave, they will note that you left without having a new job lined up and will ask you why.
Resigning from your employment makes it more difficult to bring a legal claim of discrimination or harassment or retaliation against the employer. This is because these laws require there to be an adverse action by the employer. Examples of adverse employment actions are terminations, demotions, etc. By resigning, you face a difficult battle trying to argue that the employer constructively discharged you (i.e. the employer forced you to resign by making the work environment so intolerable a reasonable person would not be able to stay working there). This is a high legal standard to meet.
We have offered legal advice to many employees facing this scenario. Feel free to contact us at 612-278-9832.