Laid off but asked to resign? Read this before you sign anything.

Unemployment filing

State unemployment offices commonly distinguish between involuntary separation and voluntary resignation. The label your employer reports — and the language in any letter you sign — may affect how your claim is reviewed. Confirm filing rules with your state's official unemployment office.

Severance and release language

Some severance offers are written so the payment is contingent on signing a resignation letter or a release of claims. Read the document once before signing. Mark the dates, the money references, and any non-compete, non-disparagement, arbitration, or release clauses, and review with a qualified employment attorney if you are unsure.

References and rehire eligibility

How a separation is coded in HR systems can affect what a company says when contacted by a future employer and whether you are listed as eligible for rehire. You can ask, in writing, what the official reason on file will be and what the company's reference policy is.

Benefits end date

Your health coverage end date is set by the plan documents, not by which word is used in the letter. Confirm the exact date your benefits end and request a written summary of any continuation options before benefits lapse.

Equity and final pay

Vesting schedules and post-termination exercise windows are governed by your equity grant agreements. Final paycheck timing and PTO payout rules vary by state. Pull your grant documents and your most recent paystub before any conversation.

Work authorization

If your right to work in the U.S. depends on your job, do not sign or send a resignation letter before speaking with qualified immigration counsel. The label may affect timelines and documentation that follow. Confirm your situation with qualified immigration counsel.

My employer told me I'm being laid off but is asking me to send a resignation letter. Should I?

Do not send a resignation letter before you understand what changes if you do. Resigning instead of being laid off may affect how your unemployment claim is reviewed, what severance you are offered, what is recorded in the HR system, and what the company tells future employers. Ask your employer in writing whether this is a layoff or a resignation, get the answer in writing, and review any document carefully — with a qualified employment attorney if you are unsure — before signing.

Will I lose unemployment if I resign instead of being laid off?

Unemployment eligibility is decided by your state's official unemployment office, not by your employer or by any website. State agencies commonly distinguish between voluntary resignation and involuntary separation, and the documentation on file matters. Before signing anything, confirm filing rules with your state's official unemployment office.

Can my employer require me to resign?

Whether an employer can require or pressure a resignation depends on your employment agreement, state law, and the facts of your situation. This is a question for a qualified employment attorney in your state. In the meantime, do not sign or send anything you do not fully understand, and keep written copies of every communication.

What documents should I save right now?

Save the layoff or separation communication, your most recent paystub, the benefits summary, your offer letter, any equity grant documents, and every email you have received from HR. Forward them to a personal email address you control. The free 24-hour checklist walks through the first calm steps.

What if my work authorization depends on my job?

If your right to work in the U.S. depends on your employer, do not sign or send a resignation letter before speaking with qualified immigration counsel. Gather your immigration documents (passport, visa stamp, I-94, most recent approval notices, EAD if applicable, recent paystubs, dependents' documents) and prepare questions before the call. Confirm your situation with qualified immigration counsel.