In his new book Fired!: Protect Your Rights & Fight Back if You‘re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit, New York City attorney Steven Mitchell Sack offers some important advice if you are considering resigning from a job. “Never quit; make the company fire you,” says Sack. This is because you may put yourself in a much worse position,legally speaking, if you voluntarily resign instead of being fired. Here are five reasons why it may be better to be terminated by your employer rather than quit:
- You can receive unemployment benefits.
- One of the biggest reasons to wait for the pink slip is that you can then be eligible for unemployment insurance benefits. In many states you are not entitled to unemployment insurance benefits after voluntarily resigning from a job unless you can prove that you resigned for a good reason (e.g., because you weren’t receiving your earned wages or suffered a material reduction of your job duties and title.) By waiting to be fired it is more likely you can obtain unemployment compensation to tide you over
while you are seeking new work.
- One of the biggest reasons to wait for the pink slip is that you can then be eligible for unemployment insurance benefits. In many states you are not entitled to unemployment insurance benefits after voluntarily resigning from a job unless you can prove that you resigned for a good reason (e.g., because you weren’t receiving your earned wages or suffered a material reduction of your job duties and title.) By waiting to be fired it is more likely you can obtain unemployment compensation to tide you over
- You may get a severance package.
- Another important reason to avoid quitting is that you may be able to negotiate a severance package with your employer. Depending on the nature of your job,it is possible to obtain a generous severance package and other benefits including COBRA medical insurance coverage paid by the ex–employer for several months or more. According to Sack,“Every firing is negotiable.” However, if you quit, don‘t
expect to get much of anything from your employer when you leave.
- Another important reason to avoid quitting is that you may be able to negotiate a severance package with your employer. Depending on the nature of your job,it is possible to obtain a generous severance package and other benefits including COBRA medical insurance coverage paid by the ex–employer for several months or more. According to Sack,“Every firing is negotiable.” However, if you quit, don‘t
- You gain more time to seek other work.
- It is always best to stay on the job as long as possible while seeking other employment.This allows you to receive on–going salary and other benefits. People who are on the payroll while looking for gainful employment appear more employable and possess more leverage with prospective employers than those who are on the street without a current job. Thus, wait to be fired if you can help it.
- You have a better chance of collecting evidence.
- It is easier to collect evidence by speaking to current workers,reviewing your files,and examining company records (such as pertinent e–mails) helpful to a potential case while you are on the premises. Companies often immediately turn off computer access when a person departs. Use the time before a firing to collect evidence against the employer if you believe it is engaging in illegal discrimination by not giving you a deserved promotion or causing you to be a victim of unequal pay due to your gender.
- You reduce your legal claims and potential damages.
- Many employees who quit unknowingly reduce the chances of success in litigation. Resignations often allow employers to exculpate themselves from legal claims by allowing them to say that you left the job on your own free will, independent of anything they did. Workers who quit and then file lawsuits often find themselves hard–pressed to prove they were forced to quit. Being fired helps you avoid this hurdle. Also,if you were terminated right before receiving an expected financial benefit,such as a vested pension, stock options,or commission,your case is improved by stating you would have received such benefits but for the firing. Voluntarily leaving minimizes the strength of such mistreatment.
Steven Mitchell Sack, the Employee‘s Lawyer, is a New York employment lawyer with more than 41 years‘ experience handling the many aspects of employment law. His new book, FIRED! is available in hardcover for $34.99 plus shipping and handling from Legal Strategies Publications, and offers valuable advice on all aspects of terminations, layoffs,and resignations. To order a copy of the book or schedule a consultation with employment lawyer Steven Mitchell Sack, feel free to call him at (917) 371–8000 or contact him at stevensackatty@hotmail.com.
- Many employees who quit unknowingly reduce the chances of success in litigation. Resignations often allow employers to exculpate themselves from legal claims by allowing them to say that you left the job on your own free will, independent of anything they did. Workers who quit and then file lawsuits often find themselves hard–pressed to prove they were forced to quit. Being fired helps you avoid this hurdle. Also,if you were terminated right before receiving an expected financial benefit,such as a vested pension, stock options,or commission,your case is improved by stating you would have received such benefits but for the firing. Voluntarily leaving minimizes the strength of such mistreatment.
