Quit Or Be Fired: When Is Resignation Involuntary?

Abstract

Whether an employee has voluntarily resigned or been involuntarily dismissed substantially affects the legal and economic interests of both the employee and employer. Courts considering wrongful discharge claims often must decide whether a resignation was truly voluntary, or rather, coerced through duress, undue influence, or some other wrongful conduct. This article examines several cases and the analytical framework applied by courts to determine whether resignation is voluntary or involuntary and the significance of the distinction.