Legal Question in Employment Law in California

terminated from my job

I was pressured into to signing a resigation form, because I was told it would be advantageous to secure another job. I want to recind this resiganation form. Can I do this so I will be able to collect unemployment?


Asked on 4/25/01, 6:49 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: terminated from my job

What is important to the EDD is whether you left your job voluntarily. If you can show you were forced to resign, you will be eligible for benefits. If the employer fights you on this, ask for an administrative hearing to present evidence that you had no choice but to sign the letter of resignation. You also have a legal right to see you personnel file. Review it. If you find it necessary to write a letter to have placed in your file, you may. But ask yourself if that is really necessary. When you fill out job applications, you will be asked the reason you left your last employer. Do you really want to say you were terminated?

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Answered on 6/18/01, 12:36 pm


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