Tuesday, January 8, 2013

Should I Resign or Let Them Fire Me?

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

I get so many calls on this issue that I am dropping this quick Post, with the hopes that those facing this difficult choice may find this and be able to make an informed decision. 

I have written on this issue many times, from a variety of perspectives.  Use of the Search Key will help you find those posts.  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?

Recently, I discussed the effect of "confessions" on your rights under the law.  What does that have to do with the topic at hand?  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.  Click Here to see my "confession" Post.

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."

Here is Our Video on Pennsylvania Voluntary Quit Unemployment Law:

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.

Philadelphia Area Employment Attorney Representing Employees

Representing Pennsylvania's Workforce Since 1991
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

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

Pennsylvania Employment Attorney Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Employment Labor Lawyer Near Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.

Thanks for checking in with us.

1 comment:

Mario Lopez said...

Thank you so much! I'm actually searching for a good philadelphia personal injury lawyer to help me build a case against the guy who hit me last month of 5th street.