On what condition, or limit, should I resign? Is it okay if I resign without getting a new job first?
It is always advisable to have another job to go into. Consider the amount of money that you require for your financial commitments each month such as rent or mortgage etc…How long will it take you to find a new job if you suddenly quit? If the answer is months then you will need to have enough money saved to safely meet all of those commitments throughout that period and then possibly beyond. You will often have to work a month or two in hand (or a week or two) before getting paid. This is why you should never quit in the heat of the moment, unless you can afford to.Perhaps if your job is causing you discomfort or stress there might be ways to change this without having to resorting to quitting. Are you a member of a union? Have you contacted them? Have you considered discussing your concerns in a positive and proactive manner with your employers? If they will react badly to that and fire you then at least you tried…you may even be able to take legal action against them in that instance depending on how long you have worked there based on unfair dismissal. Communication is often the key to solving these issues, try to communicate with your employers first (probably best in writing so there is a record of it, signed for would be best.)Its a tricky situation to be in. It happens a lot to a lot of people. Think of all the pros and cons of discussing it, putting up with it, and quitting. And then take action. What’s the worst that can happen? Getting fired from a job that you hate can feel very liberating, as long as you can afford those pesky bills afterwards.Best of luck! :)
Is it better to be terminated from a job or resign before termination?
I used to think it would be better to be terminated because of the answers that everyone shared here, but now that I had it happen to me a number of times, I know that is totally wrong and need to set the record straight for everyone here.It is nearly always better to resign before termination if you can convince HR to give you a severance package, guarantee that they won’t prevent you from being rehired in the future and they won’t contest your UI claim. There truly is no benefit to you whatsoever that you were terminated at all - especially if your next company requires you to document that you were terminated on your employment application. By doing that, you could have had a perfect interview, everyone may have loved you and everything was a dream come true, but that will stop nearly any job offer from coming. Hard stop. Period. End of story.If your boss truly wants you out of the company, s/he will do anything to get you out including making these promises. Just be sure to get them in writing so that you can sue for breach of contract IF they decide to renege on their promise. I assure you that you will not have a problem finding an attorney that will pass on such a case since it is so easy to win.By waiting until you are terminated, you have given control to the company up to and including preventing you from finding another job in the company (if desired - it’s been known to happen), blacklisting you or defaming your character or countless other negative things which will make getting a new job MUCH harder to get.The ONLY exception I can think of is if you have legal grounds which makes termination a better option — in other words, if you are being discriminated against (sex, age, etc.), work in a hostile workplace or have undisputed evidence where taking them to court (or even sending a “friendly letter” to the company’s HR department informing them of the repercussions of their actions) would give you enough of a payout that it would be worth it financially — typically 7 or more figures.
What if I don't sign the termination papers?
Legally, the majority of states do not require that you sign termination papers. Actually it is a myth that the employee signing with have any effect. If you are an at will employee (not under a union or employment written contract) the employer can terminate you for any or no reason (except discrimination see www.eeoc.gov) with or without your signature. Many at will employees nowadays are terminated via e-mail, a message on voice mail, or a letter sent to their home -- again no employee signature. Under most states signing such an employment document only means that you saw it and received a copy. It does NOT mean that you agree with it. This is the same for reviews, discipline, or performance improvement plans. So, fighting over the signing is meaningless. No, signing termination papers does not say that you quit. Signing a document that says "this employee hereby submits his/her resignation" is the only signing that would indicate that you quit. Under the Federal law enforced by the Department of Labor. An employee must be paid for all time worked. So if you do not receive your last paycheck, you file a report with your state's Department of Labor. Most states have websites for this and allow online filing. Look at www.eeoc.gov and your state's human rights commission/dept to see if you qualify for a discrimination suit. You may also want to speak with a local employment attorney to see if there are other violations. Make sure you file for unemployment. Bring a copy of the termination papers with you to give to the unemployment office.
Employment Rights for termination of employment?
My employment was recently terminated after two years of what have been told is exemplary perfomance. This occurred without reasonable cause or forewarning. Furthermore, my employer announced to my coworkers that I resigned from my position which was not true. When speaking with the human resource manager about this, I was told that I would be paid for two weeks and that my benefits would end within two weeks. Do I have any legal rights for requesting some additional form of severence pay? I would appreciate any advise to help me determine my legal rights.
I'm getting fired from my job because I'm having surgery, is that legal?
yes it is legal under numerous different scenarios: you have not been employed long enough to be covered under unemployment insurance. you are still in the probation period. excessive absenteeism (for any reason) is just cause for separation in every state regardless of amount of time on the job. ADA (disability) does not protect employment if you can not perform the essential duties of the job, ADA does not excuse absences it makes it illegal to discriminate based on a disability. you do not qualify for FMLA you have not worked for a year once you are healed and released for work you can reapply and if you handle your resignation properly probably get rehired. there is nothing a lawyer can do for you except take your money there is no case for any kind of lawsuit.
Forced into resignation, eligible to receive unemployment compensation benefits?
you can and should file for unemployment and if denied appeal.......... nowhere in the law does it state that "if you quit, you are not eligible for unemployment" what the law does state is the job loss must be "no fault of the employee"........... some states have a waiting period if you voluntarily quit, some have one if you quit even with good cause but in MOST states if you quit with "good cause" the waiting period is the same as if you were on a layoff......... you do NOT need to waste your time with an attorney, you were certainly employed "at-will" and therefore there is NO wrongful termination unless you can prove discrimination or retaliation was the SOLE reason for the job loss........ the company does NOT determine if you are eligible for unemployment, the state makes that determination. ALL employers always tell ex-employees they are not eligible hoping that the employee won't file, the fact is generally (sometimes after an appeal) most are...........
In "you can't fire me, because I quit!" situations, is it better for the employee to get fired, or quit?
Quitting because it is on your terms and your control. You will have “Resigned” on your record versus “Terminated”.By quitting, you can tell a prospective employer you left for “personal reasons” (if no job lined up) or “left for a new job (if job lined up) and leave it at that.Now, before deciding to quit; demand that you do not want to be fired, you want to be laid off!Some employers make the experience of trying to fire you so miserable in hopes you quit on your own so you won’t get a severance. In this type of situation, it’s a decent employee with a difficult manager. Surprisingly, even in “at-will” states, a manager cannot fire an employee right away if they are well past their probationary period. “I wanted to fire you, but HR said I couldn’t!” (This is true, I had a manager who said that)The manager has to actually try to find reasons to fire you! If you’re a good employee this process of trying to fire you will make the manager more pissed off because there’s really no reasons to fire you but the manager still wants to get rid of you.Instead of wasting everyone’s time and more paperwork trying to find new reasons to write you up, your productivity dropping, and you dragging the process by appealing each warning, tell them you don’t want to be fired, demand to be laid off! Best case scenario is you walk out with your severance, a respectable reason for leaving, “Position Eliminated” and leave the employer pronto.If your manager and HR won’t compromise to laying you off and rather keep writing you up and treating you poorly, keep appealing each warning you get to buy time with interviews outside your company. Once you get an offer, email your resignation effective immediately, leave your badge at your desk and WALK OUT! From the way they treating you, you don’t owe them two weeks notice!