Resignation Pro

What is the law regarding a forced resignation?

On Monday December 3rd, 2007 my former employer told me I needed to resign or would be fired. I left crying that morning and returned two days later with my formal resignation letter and requested my final paycheck. I was told it wasn't ready and that it would be direct deposited when it was ready. It was deposited on the 15th. For labor law and final paycheck purposes is a forced resignation considered a termination? Could he wait until the regular pay date to deposit my final paycheck because some of my pay included a bonus (normally calculated on the 1st of the month, paid on the 15th)?

Public Comments

1. Being given the option to resign vs. being terminated is actually a benefit for you. When listing the reason for leaving your last job on new applications, "resigned for better opportunities" is much better than "fired". Since you cannot be technically forced to resign (you were given another option), the legal aspects would probably treat this as a resignation. As for the specifics on pay, each state has different requirements. Check with your state employment/labor department, many of which have web sites with answers to your questions.