Should I Resign or Let Them 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. 

Careful

I have written on this issue many times, from a variety of perspectives.  The links at the end of this Post provide answers to many questions relating to the effect of quitting on things such as your right to Unemployment Compensation, your right to file a lawsuit for wrongful termination, etc. 

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.

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."

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

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.

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