San Antonio, TX asked in Employment Law for Texas

Q: What leverage, if any, do I have in negotiating a severance package if I am terminated for a self-reported mistake?

I have been suspended from my position for one week and one day (so far) pending an investigation for a self-reported breech of safety protocol. I have been with the company full-time for 17 years and 2 additional years as a seasonal employee. I have served as a supervisor for 9 years. This is the second safety mistake of similar nature that I have made in just over one year and I have never before been suspended. Also, would it be in my best interest to volunteer to resign before I am terminated?

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1 Lawyer Answer

A: You would have basically no leverage. As to resigning, that gets tricky. If you resign, that could look better on future job applications, though the truth may come out during a background check. If you allow them to fire you, that will not look good on job applications, but there is a chance you may still qualify for unemployment (some states do not allow you to collect if you are fired with cause at all, some will allow it if there was no real warning).

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