Employer wants me to train offsite employees to replace me. Can I resign and collect unemployment as unfair labor practice?

Employer has said in writing he is curtailing my work due to cost issues and I believe will require me to train his out source (data entry people in India) to do my job. Can I resign and collect unemployment as an unfair labor practice?
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Thank you Mr. Sarno. No I'm not in a union. I work for a private company -10 years. You're right NJ is a fire at will state. It also penalizes those who are fired for any reason with loss of 9 weeks of benefits? if you do not prove you did everything to keep your job. Seems to me, if I train others to replace myself, I could be penalized... It wouldn't hurt as much if at least my employer considered America's economy and replaced with me with other Americans who were out of work... Thanks also for your advised reads.
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Answers (2)

Ronald Anthony Sarno

Ronald Anthony Sarno

Contributor Level 9
You do not post if you are a union employee or not. if you are a union employee you can file a complaint with the state dept of labor. If not, you cannot. You should do whatever your employer asks, and when you are let go, you will qualify for unemployment. Resign now and you may not be eligible for unemployment for a period of time. NJ is an employment at will state which means you can leave or be let go at any time.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Legal terms used in litigation………………………………………………………..

LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination.

If you do not have an employment contract or union to represent you, your recourse is limited. Mr. Sarno once again provided you very fine information. I would add....

You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

http://www.avvo.com/legal-guides/ugc/workplace-discrimination-a-basis-for-wrongful-termination-claims

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

If you have a discrimination theory about hostile workplace conditions you'll need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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