When management approached Megs (@spicychickenslinger on TikTok) and asked her to resign from her position, a swarm of TikTokers advised her against it. “DO NOT QUIT LET THEM FIRE U I PROMISE YOU!” one person wrote. Another commented ,“don’t quit – let them fire you and apply for unemployment. You’ll still be able to look for another job and not have to jump into anything.” 

Despite TikTok being an unconventional resource for career information, the advice that several users of the app left on Megs’ video taught her a lesson about employment rights: there is a critical difference between voluntarily resigning from a position and being fired from it. In order to collect unemployment, individuals must be forced out of their position. Quitting a position for personal reasons often disqualifies a person from the government-sponsored benefits. There are other reasons, such as being terminated for malicious misconduct, which may also preclude individuals from collecting unemployment. 

Megs had previously expressed dissatisfaction with her job at an undisclosed company. While management did not explicitly terminate her, they did request that she submit a letter of resignation. In response to the viewers who implored Megs not to resign, Megs posted a follow up video saying,  “I guess I’m going to take all of you guys’ advice because literally everyone in that video said ‘Do not resign. Make them fire you.’” “I’ve never been fired before so that’s a little scary, but I trust you guys.”

Employees curious about their rights to unemployment or other benefits may like to discuss their position with an employment lawyer. The Law Office of Christopher Q. Davis offers free consultations to everyone. Speak to one of our representatives today by calling our main line at (646) 430-7930 or using the  online chat tool on our website. 

Contact the Law Office of Christopher Q. Davis Today!

Have you been asked to resign from your position? If so, seek legal assistance from the employment lawyers at the Law Office of Christopher Q. Davis, located in New York City and in Livingston, New Jersey. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. 

Our employment lawyers specialize in many areas of the law, including FMLA and unpaid wages and overtime. Whatever your employment issue is, please reach out for a consultation today.

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