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.
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 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.
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.
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| 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 |
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.
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Pennsylvania Unemployment
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Unemployment Appeal Referee Hearing
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