Resign or Termination?

This is a question we get asked all the time. – “My employer told me I was going to be fired, but they asked me if I wanted to resign, what should I do?” This is a complicated and loaded question. Of course, every case is different. But, I will tell you, if you resign and feel like it was because of a discriminatory or retaliatory reason, you just may have really messed up your ability to recover lost wages if you proceed with a lawsuit. That is, if you can get counsel (because attorneys like me really give a lot of scrutiny in deciding whether we will even take a case where the employee has resigned) because that means we will probably have to prove constructive discharge, which is a near impossible legal standard. The other consideration is if you resign you likely will not be eligible for unemployment benefits- double whammy. Lastly, a lot of people are under the misguided perception that if they resign it will somehow look better on their resume or they will get a better reference. First, your former employer should never pass along whether you resigned or were terminated- that opens them up to liability for interference with a prospective business contract, i.e., your next job. Second, most prospective employers know not to ask, and if they do, well, that’s on them and just short sighted. They should be hiring you for your qualifications, not what happened at your other job. I have also found that in a competitive job market, especially in particular industries, companies know which ones run off the talent and are all too happy to take a competitor’s former employee- no questions asked because they have likely heard that Manager X with the competition is a monster. Gold standard, check with an attorney (like us) before you quit, if you can’t do that, then ask yourself- do you need unemployment benefits while you look for another job, and do I have a potential claim for wrongful termination?

Opt for the Gold Standard- Call us.

-HMC

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