At Davie & Valdez P.C., we understand how confusing and stressful it can be when your employer tells you it would “look better on your record” if you resign instead of being fired. Our El Paso, TX employment lawyer hears this scenario from workers across the region every week.
Here’s our honest, experience-backed advice on how to protect your rights—especially when it comes to unemployment benefits.
If You’re Given the Option to Resign or Be Fired
The Texas Workforce Commission is clear: if you’re told you can resign or be fired, and you choose to resign, you may still be eligible for Texas unemployment benefits—as long as you meet the other requirements.
But here’s the key: you must protect yourself with documentation.
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Get it in writing. Send an email to your employer stating that you were given the choice to resign instead of being terminated—and that you chose resignation under those conditions.
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BCC yourself. Always send this email from your personal account or BCC your personal email so you have proof.
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Keep a copy. Save everything. This documentation is essential if you need to appeal an unemployment denial.
Getting Fired Isn’t a Big Deal
Many clients tell us they’re worried that a termination will hurt their chances with future employers. But here’s what we’ve learned after decades in employment law:
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Most employers don’t give bad references. While not illegal, it’s risky for them and most avoid it.
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Resigning can raise red flags. If you quit without a new job lined up, future employers will want an explanation.
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A “laid off” designation is ideal. If possible, try to get your employer to classify your departure as a layoff. This simplifies your unemployment claim and gives future employers a clear explanation.
If You’re Quitting Because of a Hostile Work Environment
Quitting because of harassment or mistreatment at work is more complicated—but you still have options. Texas recognizes “constructive discharge”, where working conditions are so poor that resignation is justified.
Document your concerns.
- Send polite, professional complaints by email (again, BCC your personal account).
Give your employer a chance to fix it.
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Be clear and direct: “I’ve raised these issues, and they haven’t been resolved.”
Call out manipulative behavior—if true.
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If your employer brags about “running off” employees to avoid paying unemployment, note it in writing.
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Example: “If you’re pressuring me to quit instead of addressing my concerns, I would rather know directly.”
This written record strengthens your case and shows you tried to resolve things before resigning.
What Happens After You Apply For Benefits
Many people who resign lose their initial unemployment claim. But don’t panic—appeals often succeed, especially with proper documentation.
We’ve created a video and a full guide on handling Texas unemployment appeals, which you can find on our YouTube channel.
Legal Support For Your Unemployment Case
If you’re in El Paso, Texas, and you’re thinking about quitting your job due to mistreatment, take the time to document everything. Our El Paso, TX employment lawyer has seen firsthand how a well-prepared resignation can improve your chances of receiving unemployment benefits—though nothing is ever guaranteed.
Let Davie & Valdez P.C. help you protect your rights. Reach out before you resign so we can help you take the smartest next step.
Unemployment Benefits FAQs
Our trusted El Paso, TX employment lawyer can be instrumental in dealing with the challenges of securing unemployment benefits. We offer knowledgable guidance on eligibility criteria, making sure that all necessary documentation and evidence are accurately prepared and submitted. Our familiarity with the intricacies of state and federal unemployment laws enables us to advise on the specifics of individual cases, such as determining if an applicant is unjustly denied benefits. Moreover, we can represent claimants in appeals, providing robust legal arguments and representation in hearings. Our advocacy can be pivotal in overcoming bureaucratic hurdles, helping individuals secure the financial support they’re entitled to during periods of unemployment.
How Do I Know If I’m Eligible For Unemployment Benefits?
Eligibility for unemployment benefits varies based on individual circumstances and state laws. Typically, eligibility is for those who have lost their job through no fault of their own, such as a layoff. To qualify, you must meet certain work and wage requirements and be actively seeking employment. It is important to work with our El Paso employment lawyer who can provide a personalized assessment of your situation and guide you through the eligibility criteria.
What Should I Do If My Unemployment Claim Is Denied?
In case of a denial, it’s imperative to respond swiftly. You have a right to appeal, but be mindful of the deadlines, which vary by state. Prepare all necessary documents, like your employment history and any communications with the unemployment office. Our experienced team can guide you through the appeal process, helping you present your case effectively.
Can I Receive Unemployment Benefits If I Was Fired?
Eligibility after being fired hinges on the reasons for termination. If it was for misconduct, you might not be eligible. However, if you were let go for other reasons, like compatibility issues, you might qualify. We specialize in analyzing such cases to provide accurate advice.
How Long Does It Take To Receive Unemployment Benefits After Filing A Claim?
Processing times can vary, but generally, it takes two to three weeks after filing to receive your first benefit check, if your claim is approved. To avoid delays, verify all your documentation is accurate and submitted on time. Our El Paso employment lawyer can assist in streamlining this process for you.
What Can I Do To Strengthen My Case For Unemployment Benefits?
Providing complete and accurate documentation is key. This includes your employment history, reasons for unemployment, and any relevant communication with your former employer. Being organized and adhering to all deadlines and requirements is essential.
What Are The Common Mistakes To Avoid When Filing For Unemployment Benefits?
Common mistakes include inaccuracies in application details, missing deadlines, and failing to comply with the requirements like active job searching. Submitting accurate information and understanding the process helps in avoiding these pitfalls. We can offer you comprehensive guidance on this front.
We are committed to supporting our clients through the difficulties of unemployment claims and appeals. Our legal experience and personalized attention are geared toward securing the benefits you rightfully deserve. If you’re struggling with your unemployment claim, don’t hesitate to reach out. Together, we can overcome these challenges and work towards a favorable outcome. Contact Davie & Valdez P.C. to speak with our trusted El Paso employment lawyer now.