Tuesday, January 8, 2013

Should I Resign or Let Them Fire Me? What Happens If I Quit My Job? What Rights Do I Lose If I Resign or Quit From My Job?

 


Is it Better to Quit My Job or Let the Company Fire Me? 

We get so many calls on this issue that dropping this quick Post, with the hopes that those facing this difficult choice may find this...   

This post focuses on the "quit versus fire" dilemma, and on a related issue, to wit: what to say when confronted by your employer and asked to tell "your side of the story." More particularly, what to say in such meetings when you feel fairly sure that your job is in serious jeopardy?

The Company Has Scheduled a Meeting and I Think I am Going to Be Fired.  What Should I Do?

Well, many employers who provide employees with the Hobson's Choice of resignation versus termination seek to obtain a "confession" from the employee to avoid obligations under the Unemployment Compensation law or employment laws such as Title VII.

It's simple.

They want you to admit wrongdoing so they can later use your confession to fight your unemployment claim and to defend any future lawsuit you may bring.  As a carrot, they employ the concept that if you just tell the truth, all will be forgiven.  Then, when you "tell the truth," it is "wham bam, thank you ma'am," and out the door yo go!  Avoid this if you can.

If the Company is Giving You the 3rd degree, They Likely Intend to Fire You

If I Resign From My Job, Will That Help Me Get Unemployment in Pennsylvania?  If I Quit, Will it be Easier for Me to Get a New Job? Are There Public Records of Whether I Quit or Was Fired?

In any event, here are the "quick and dirty" things you should know when deciding whether to quit or be fired:

*   Your employment record is not public, and cannot be disclosed to the public. Therefore, the suggestion that you should resign "to protect your record" is simply eyewash.  The employer wants you to resign so it can avoid paying Unemployment Compensation Benefits -plain and simple.

*   The notion that potential new employers look more favorably upon a resignation than they do a termination is hogwash.  In these days, potential employers are very leery of anyone who "resigned" from their old job without a new one in hand;

*   The thought that resigning will enable you at future job interviews to "be honest" about what happened at your old job is incorrect.  Any interviewer who hears you say you resigned will immediately ask: "Why?"  At that point, you will have two choices: 1) Tell them the truth that you were forced to resign because of alleged poor performance, misconduct, etc; or, 2) lie and say it just wasn't a good fit for you, or some similar explanation;

*   If you quit your job, you will not get Unemployment Compensation benefits UNLESS YOUR FIRING WAS IMMINENT AT THE TIME OF YOUR RESIGNATION.  That's one of the reasons that the favorite expression of lawyers that represent employers is "A quit is always better than a fire."

If I am Honest and Admit My Mistake, Can That Be Used Against Me in a Pennsylvania Unemployment Hearing?

Confession may be good for the soul, but a written statement signed by an employee wherein he/she admits to violating a company policy, or some other wrongdoing, is positively lethal in a Pennsylvania "willful misconduct" unemployment hearing.

The Company Can and Will Use Your Statement Against You
in a Pennsylvania Unemployment Hearing

In such hearings, the issue is whether you did anything wrong to justify your termination.  The rules of hearsay often make it difficult for your employer to prove its case, owing to the fact that, in many situations, the customer who complained or co-employee that made a statement against you will not be at the hearing, so that a properly made objection on grounds of hearsay will eliminate that evidence.

However, if you signed a statement saying you did wrong, that will be Exhibit A in the hearing, and it is nearly impossible to escape from your own words. So, you really want to try and avoid making or writing any statements admitting to wrongdoing during such meetings, particularly if you believe that you are about to be terminated.

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Employed "At Will":  What Does That Mean? Pennsylvania Contingent Fee Lawyers Explain the Most Important Employment Law Principle

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

Do I Have a Case for Constructive Discharge? Nearly 50% of People Who Are Unemployed Quit Their Job - Pennsylvania Contingent Fee Employment Lawyers

Are Settlements in Discrimination Cases Subject to Taxes? Pennsylvania Contingent Fee Discrimination Lawyers

Is Your Boss a Bad Person - or Just a Bad Boss? Is Bullying at Work Illegal? Pennsylvania Contingent Fee Employment Lawyers Explain

UPDATE on Recent and Pending Discrimination Matters Pertaining to LGBT-Rights from SCOTUS and EEOC

Pennsylvania Human Relations Commission (PHRC) Mediation Program Designed to Resolve and Settle Employee Discrimination Complaints

Severance and Pennsylvania Unemployment - Doing the Math

Voluntary Severance Offers - How to Negotiate and What to Look for When a Company Offers Severance

Secrets to Severance Negotiations in Pennsylvania Revealed:  Philadelphia Employment Lawyers' Guide to Severance Laws and Strategies

Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?

Unemployment Appeal Hearings by Telephone in Pennsylvania - The New Norm - And Why You Want to Consider Hiring Legal Counsel

Pennsylvania Unemployment Lawyer - Willful Misconduct Referee Hearings

Seven Things to Know About The Pennsylvania Unemployment Compensation Board of Review

I Want to Quit My Job and Get Unemployment Benefits in Pennsylvania

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

 What is a Necessitous and Compelling Reason for Quitting my Job Under Pennsylvania Unemployment Law? Philadelphia Unemployment Lawyers Explain

The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

I was Fired - What Should I Say on My Internet On Line Application for Pennsylvania Unemployment Benefits?

Voluntary Retirement and Unemployment Compensation in Pennsylvania - Am I Entitled to Benefits if I Retire From My Job?

Philadelphia Area Employment Attorney Representing Employees on a Contingent Fee Basis

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

NO CHARGE FOR AN INITIAL CONVERSATION
610-647-5027

Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live Ardmore, Havertown, Wynnewood, Ambler, Bryn Mawr, Overbrook, Devon, Wayne, Radnor, St. Davids, Daylesford, Springfield, Northeast Philadelphia, Bensalem, Bristol, Oaks, Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Lansdale, Langhorne, Haverford, Flourtown, Lionville, Collegeville, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Need an Employment Labor Lawyer In or Near Philadelphia?

Thanks for checking in with us.