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Is it better to resign or get terminated?

Boca Raton, FL |

I work in a company with 10 employees for 3 years. The owner recently took a stray dog into the workplace and has also let other employees bring their dogs in. My employer knows of my fear of dogs. I have repeatedly voiced my fear and the distraction it was causing in the workplace. My productivity was lower than previous months without the dogs. The employer said I could either be terminated or resign. Do I have a case against my employer? Would I able to collect unemployment compensation?

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Attorney answers 1


If you resign for good cause attributable to the employer you can get benefits. I don't know if this would qualify.

If you are terminated without good cause, you can get benefits. Again, I don't know if this would qualify. I imagine a lot would depend on whether or not your fear of dogs could be classified as a disability and if so if your employer made a reasonable attempt to accommodate that. An employer is permitted to have a dog-friendly work place. The productivity issue would be arguable - people are still entitled to unemployment benefits if they are unable to perform the work. So you might be considered unable to perform the work.

So as far as unemployment, my thought is it would be best to be terminated. However, you would also then have to explain that when you looked for a new job. Only you can make the ultimate decision, and either decision carries risks.

You may want to consult with an employment law attorney regarding any possible issues as to disability protections, and for current case law on the unemployment issues that I have described.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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