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| *The Commerce Journal>>>Law & Legal |
What are the legal differences between resigning and being terminated? |
I verbally informed my employer of my intention to resign, a couple of hours later my employment was officially terminated and I was told there is a legal difference between the two (but no explanation) Can anyone tell me the differences as the payout I received was exactly what I expected to get upon resignation Typically, being terminated means being fired. BUT, if you've handed in your resignation, some companies may not want you to work out your 2 weeks and terminate your employment immediately. That doesn't mean you've been fired, particularly since you received the payout you thought you would receive. It just means they don't want you working out the 2 weeks for whatever reason. Many times this happens if they feel they have sensitive client information that you could gather and take with you to a new employer if you had the 2 weeks to do so. It also doesn't mean you wouldn't necessarily be eligible for re-hire. At your next interview when they ask 'Why did you leave your last employer?' the stories may not match if they check back. Here in the US, it involves a lot of things. If you have resigned, you normally cannot be set as not available for re hire, but all terminated employees are, unless it is a staff reduction move. On the other hand those who have resigned are not allowed to file for unemployment benefits, but those who have been terminated may be able to, depending on reason for termination, etc. Typically, if you resign, you are only entitled to the wages due you, but if you are terminated, you are due any vacation pay, etc, that has been earned. Simple. Resigning means that you quit. Being terminated means you got fired. How you left your job should have nothing to do with how much your last paycheck is. They owe you for the hours worked plus any vacation days you've accrued. The pay should be the same. |
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