Backstory : I work in tech for a series B startup. In one of the career-growth 1:1 talks with my manager several months ago, I made the mistake of being honest with her and saying that I would prefer to join [specific] team which aligns more with my interests and career goals. She says she understands, and will check to see what options I have to move to that team.
Fast forward few months, they're currently interviewing to backfill a former coworker's position in my team, and as most know in the current tech climate they're inundated with candidates.
I have another 1:1 with the manager, she tells me that as the team I mentioned before won't have an opening any time in the foreseeable future, I need to make a decision whether I want to stay or go, as she wants her team to comprise of people who truly want to be there (like all the people theyre currently interviewing) and it's time for me to think of an exit strategy.
I tell her I understand and will need to think about what I want to do.
A week goes by and I've decided to stay – jobs are hard to come by and I'm starting to get the hang of things anyway, I'm still doing my work and haven't been getting any negative feedback on my performance anyway.
We have another 1:1, but this time she starts with “Okay we've made the decision to give you 30 days notice, your last day will be [date]. ”
I'm surprised and a bit disappointed as I was expecting to stay, but fine it's not my call.
The next day she follows up by telling me that they will be treating it as a voluntary separation, and that I need to submit a resignation letter in order for me to stay on until that date (Says it's the only way they can keep me until then). Proceeds to offer me templates to fill out. I stop her there and say No, I'm not going to submit a resignation letter as it would put me at a disadvantage if I don't get a job (ie can't apply for unemployment), also that's not what happened.
She pauses and tells me she'll consult HR about it.
2 days later and still no news, I write to HR (with my personal email in cc of course) and state that I'm not submitting a resignation letter as it doesn't reflect what actually transpired, and that they should give me a notice of termination instead. HR responds with a meeting invite for next week.
My question is, what happens if they insist that I write a resignation letter? Can they withhold my last paycheck until I comply?
I saw some other posts with similar issues, and people advising them to not resign and just keep on working until they get fired – I work in a remote office, if they cut off my access on that stipulated date I won't be able to just continue working. What kind of information can I collect to appeal unemployment in this case if they just do this instead of give me a notice of termination?
Also not sure of the significance(if any) but I'm a member of multiple protected classes. I understand that the At-Will employment allows termination for any/no reason, but I fear that they will use that reason to push for my resignation instead of termination.
TLDR: Manager wants me to resign, can they make me?