Can You Be Fired If Your Boss Finds Out You're Leaving, Or If You Give Notice?

So you told your boss you might be quitting. Or you gave notice that you're leaving in three months. Can your boss fire you or shorten your notice period? The answer is probably yes.

I assume you don't have a contract saying you can only be fired for cause. Assuming you don't, you're an at-will employee who can be fired for any reason or no reason at all. They can't fire you for an illegal reason, like discrimination, but can fire you for any other reason.

If your boss knows you won't be around much longer, then she can protect herself by looking for a replacement. Once your boss finds out you're leaving or even thinking about leaving, you're probably on your way out. From your boss's perspective, it isn't really fair to your boss to leave her in limbo about your plans. That means she is within her rights to hire someone to replace you and send you on your way.

I suggest you keep your plans to yourself until you are 100% sure. If you dither with the dates, yet telling her you'll be gone eventually, you have alerted her that she'd soon have a vacancy. The better plan is to wait until you've booked the moving vans and sold the house, then give a few weeks of notice.

However, even if you give notice, your boss doesn't have to honor it. You can be fired for giving notice, which is pretty stupid on the boss's part if you ask me. Who would ever give notice if they do this to employees?

To sum it up:

• Your boss doesn't have to wait until you give notice. Once they know you're leaving, replacing you is fair game.
• Your boss doesn't have to let you take back your notice. If you said you were leaving two months ago, then changed your mind, you are probably gone.
• You don't have to call it "notice" or anything specific for it to be official. If you say you're leaving soon, you just quit.
• Your boss can shorten your notice. If you say you're leaving in October, they can say goodbye to you in August. They don't have to let you work out your notice period. You're terminable at-will unless you have a contract saying otherwise. 

My one caveat is if you know of other employees of a different race, age, sex, national origin, or other protected category who were treated differently, then you might have a discrimination case. However, your damages would be limited to your notice period, so that may not be worthwhile pursuing.

Be careful what personal information you share at work. If your employer finds out you're planning on leaving, you may be out the door sooner than you think.

No, Your Employer Can't Force You To Quit

People come to me and say, “I was forced to quit.” Huh? How did the employer do that? Gun to head? Torture devices? Kidnapped loved one? Because your employer can’t make you quit. Quitting is entirely, 100%, up to you.

Just because your boss or HR comes to you and says you have to resign, doesn’t mean you should. My usual advice is never, ever submit your resignation, no matter how much they demand it, unless you have another job lined up or the company offers you an incentive to resign that makes it worth your while.

You need to weigh your options carefully before agreeing to resign. Now is the time to negotiate. If they want you gone, let them pay you to go away. Otherwise, make them fire you. You need to consider the upsides and downsides to quitting versus being fired. Here are some things to consider.

Why You Shouldn’t Quit
You haven’t complained about illegal harassment or discrimination that occurred: It may be a bit late in the game, but if you didn’t follow the company’s written policy on reporting harassment based on race, age, sex, religion, national origin, disability, etc. then you may lose potential claims against the employer. Now is the time to put together your formal, written complaint of discrimination and harassment. Submit it to HR as soon after the meeting where they asked you to resign as you can. If you think the resignation request is being pushed by your harasser, say so. Tell them how others of a different race, age, sex, religion, or whatever your protected category is were treated differently. Tell them that those others are not being asked to resign. Ask them to do a prompt investigation. Sometimes, they really don’t know about the discrimination and reporting it might stop the termination process in its tracks.

They aren’t offering anything: If they don’t offer severance or some other monetary incentive, why would you quit? Don’t make it easy on them. If they want you out of there, they should offer something, in writing.

You might lose your right to unemployment benefits: Some unscrupulous employers use the resignation as an excuse to claim you aren’t entitled to unemployment. It could be your word against theirs if you don’t properly document that you were forced to resign.

They want you to sign something right away: If the employer is shoving something in front of you and demanding you sign it, consider that a red flag. They’re trying to trick you. Don’t sign anything you don’t understand or are too distraught to think about clearly. Tell them you need time to think about it. Take it to an employee-side employment lawyer if there’s anything in it you don’t fully understand.

You have claims against the company: If you think you have a discrimination, whistleblower, worker’s compensation retaliation, breach of contract or other claim against the employer, you may have leverage to negotiate a better exit package. Don’t sign a release of claims without fully exploring your options.

You aren’t fooling anyone: Some people think a resignation looks better on a resume. Maybe. But if you resign and are then unemployed for months or years, who do you think you’re fooling? HR people aren’t (mostly) dumb, so they will know something happened that prompted your resignation.

Why You Should Quit

Great severance package: If you are offered a severance package that will tide you over sufficiently when you’re looking for another job, then you might want to take the deal. Make sure you aren’t also signing away your right to work for a competitor, your pension, or something else of value. Take it to a lawyer to be sure.

Won’t challenge unemployment: In most states, the mere promise that you’ll get unemployment without a hassle isn’t much incentive. Unemployment is usually a fraction of what you were making. However, if you think they might have a basis to successfully challenge your unemployment, then you might consider the resignation as long as they make the promise about unemployment in writing.

You have an alternative: If you have a job offer you’ve been considering, have a startup company you want to spend more time on, or think it might be time to retire, then a forced resignation might help you make a smooth transition. Make sure they agree they won’t tell potential employers or customers anything other than that you left to pursue other options.

If your employer is asking you to resign, you have some power. Now is the time to explore your options, talk to a lawyer, call your union rep, and read everything carefully. You may have more leverage to negotiate in this situation than you think.

Upset At Work? Don't Walk Out Or They'll Claim You Quit

I see scenarios where employees leave work early for entirely sane reasons. For instance:

• They are threatened by a coworker or customer and feel unsafe
• They are so upset by a confrontation with management or a coworker that they are crying
• They are sexually harassed
• They are called racial, ethnic, or other discriminatory names

Yet in each of these circumstances, I also see employers claim the employee quit or abandoned their position. Why the disparity?

As I see it, the employer was looking for reason to get rid of the employee and the employee gave them the excuse they needed. Otherwise, of course the employer would understand the employee leaving early to regroup, calm down, or get to safety.

In many cases, the employee actually calls or goes to HR or management and explains what happened and why they are leaving. They are told to go ahead and go. Yet they are still accused of abandoning their position or quitting.

What's an employee to do?

Here are some suggestions if you face intolerable conditions at work:

If you feel unsafe, call 911: Even this might not save your job, since many employees get fired for the very act of calling the cops. Still, this is probably better than leaving. However, if you are truly unsafe, such as being physically threatened, get the heck out of there. No job is worth your life.

Put it in writing: Rather than a call or in-person conversation, put your complaint in writing. Don't say you were bullied or "harassed." Say you were sexually harassed or harassed due to race, age, national origin, disability, or other protected category so you are protected against retaliation.

Ask permission: Instead of saying you are leaving, ask, again in writing, if it's okay to leave to calm down or get to safety. If you have permission, it's harder for them to say you quit or abandoned your job. If the permission is verbal, put that in writing. "This will confirm that you called me today at 4:32 p.m. and advised that I have permission to leave early due to my complaint of sexual harassment against John Doe. Thank you for your consideration."

Even these steps might not save your job, so try to stay if you can. But if you have to leave, document the best you can before you go.

Can You Rescind Your Resignation? Papa John's Former CEO Wants To Know

In light of the recent brouhaha over Papa John's founder/CEO's use of the n-word, subsequent resignation, then statement that he regretted resigning, I thought I'd address this issue I encounter frequently: can you rescind your resignation?

The answer, sadly, is probably not. However, it mostly depends on how much your employer wants you to stay.

In general, if you quit in a huff, you're gone. Most employers will grab onto anything they can to get rid of someone they think is disgruntled or, in the case of Mr. Schnatter, someone they think has become a liability. So think twice about even mentioning the thought of resignation.

If you quit, then say you changed your mind, your employer does not have to allow you to rescind your resignation. Here are some mistakes I've seen people make that employers jumped on to claim "you quit."

Let's talk severance: You're having problems at work. You've reported them. When HR asks what you want, you say you want severance. Guess what? You just quit. I find that any mention of severance originating from the employee is frequently deliberately misinterpreted as a resignation. Instead, wait for the employer to bring up severance as a possibility before you try to negotiate that exit package.

If this keeps up, I have to leave: Sure, things are terrible. But once you say that if certain practices continue, you'll have to go, your employer may jump on that as a resignation even if you had no intention of going. Nobody likes an ultimatum.

If I don't get a raise, I'll have to look elsewhere: If you're trying to negotiate a raise, better benefits, or just about anything else, don't threaten to start looking for a job. Too many employers will start looking for your replacement.

Walk out: If you leave work in the middle of a contentious discussion with the boss or a coworker, even if you think you were threatened in some way, many employers will claim you abandoned your position. Obviously, if you're in danger you need to get out of there. But if there is any alternative, such as calmly walking into an area with witnesses, do it. Even if you call management and say you're leaving or have left and they say something vague like, "Do what you need to do," many will claim you quit.

Pack your things: This is truly bogus, because there can be any number of reasons why an employee might pack up some or all of their personal belongings, but I've seen a number of employers claim that packing equals quitting. This is usually a desperate defense raised absent some real reason for a firing. Still, be careful. If you really have decided to redecorate or something benign, make sure your office doesn't look like you moved out (or tell someone in management in writing what you're doing and why).

But I never submitted my resignation letter!: I hear this all the time. You said you were quitting, then realized you didn't have a job lined up. You come back to work and find that your exit has been announced. You don't need a resignation letter to make a resignation official, any more than employers need a termination document to make a firing official (well, except in some states where they do need to put it in writing, but not here in Florida and not in most states).

No matter how upset you are, unless you have another job lined up, I recommend against quitting. I especially recommend against quitting without thinking it through. If you quit, you've done your employer a huge favor and maybe cost yourself some unemployment benefits. Proving constructive discharge is incredibly hard.

Think before you quit.

Dear Employees and Job-Seekers: Stop Making These Career-Killing Mistakes

As someone who has handled employee-side employment law for many years, I run into the same frustrating mistakes over and over again. I thought I'd touch on a few that are common so that maybe I can stop you (or a friend or family member) from destroying their career.

Here are the most common career-killing mistakes I see in my practice:

1. Complaining about harassment: This is really the number one problem I see. If you write a long email to HR or your boss complaining that you are being "harassed," you aren't protected against retaliation. While harassment due to race, age, sex, national origin, religion, disability, or another legally-protected category is illegal, just plain "harassment" is not. So reporting it that way doesn't protect you against retaliation. When I ask why people didn't report that they were being treated differently than coworkers of a different race, sex, etc. they usually say something like, "I didn't want to go there." Well, if you'd gone there, firing you for your complaint would have been illegal. But firing you for saying you were harassed or bullied: not illegal.
2. Disclosing pregnancy or disability during interviews or applications: So many people think they have to disclose a pregnancy or disability right up front when they're job hunting. And I know many misguided TV shows portray failing to do so as somehow dishonest. But disclosing pregnancy or disability before you get a job offer mostly means the offer will never happen. You need to disclose after you get the offer, and only if you need accommodations such as time off for doctor's appointments. If the job offer is withdrawn after you seek accommodations, you might have a discrimination case.
3. Failing to put in for intermittent Family and Medical Leave: If you have worked at least a year and your employer has at least 50 employees, odds are you qualify for FMLA. If you need periodic time off for doctor's appointments, to care for a family member, to adjust your medications, or other medical reasons, then put in for intermittent FMLA. That way, you are legally protected against having those absences, latenesses, or leaving early held against you. I'm not sure why many employees are so hesitant to put in for FMLA when they or a family member have a serious medical condition. FMLA is there to protect you. Use it.
4. Failing to report sexual harassment in writing: If the boss or a coworker is hitting on you, making inappropriate comments or touching you, report it under the company's sexual harassment policy, but do so in writing. Otherwise, I find that HR will almost always denied that you made any legally protected complaint. They'll claim you complained about unfair treatment or harassment or bullying but never mentioned that it was sexual harassment. 
5. Failing to get out of a toxic environment: If you have a workplace that is making you physically or mentally ill due to bullying or other toxic conditions, get the heck out of there. But do it on your own time. Start looking and keep working. The mere act of job hunting will frequently make the terrible job more bearable.
6. Quitting without having a job lined up: If you let a sexual harasser or workplace bully run you out of a job before you have something lined up, they win. You're letting them put you in an even worse situation. When people tell me the workplace is too stressful and they have to get out, I ask them if they will be more stressed staying in the workplace or whether they will be more stressed being unemployed for 6 months or a year. It's way easier to get a job if you have a job. If you're in physical danger, then get out no matter what. Otherwise, unless you have enough savings to last at least a year while you're job hunting, try to stick out the bad situation while you're looking. Having a large resume gap is often a career killer. Oh, and nobody can actually force you to resign.

Hopefully I've just stopped you from making one of these career-killing mistakes. Tell a friend or a family member. Spread the word.

Is It Time To Quit Your Job? There's No Shame In Ending A Bad Situation

Let's say you hate your job. Maybe you've told colleagues that your employer-provided house is a dump. You've opined that your job was like being in prison. The job is causing you so much stress that you're losing your temper a lot. Colleagues and friends are starting to recommend that you seek help from a mental professional. You're just not good at what you do.

Maybe it's time to call it quits. Not that I'm hinting to anyone in particular.

But seriously, how do you know when it's time to quit? What should you do when you figure out that it's time to go? Here are some things to think about before you hand in that resignation:

• Will it be more stressful to be unemployed?: This is the first thing I ask clients who desperately want to quit their jobs. Sure, some jobs can be miserable. But is it more miserable than being unemployed for months or even years? Can you afford to live on Florida's measly maximum of $275/week in unemployment benefits? How stressed will you be when you file for bankruptcy, get evicted, lose your car? If the answer is that you'd rather go through all that than stay at the job, it's probably time to quit.
• Can you afford to be unemployed?: If you have enough savings to last you for months, if you don't need the job, if your spouse or partner can support you, or if you already have another job lined up, maybe it's time to quit.
• Have you started looking for another job?: If you haven't done your due diligence to find out how long it will take to find something else and how tough the market is, maybe you should start before you quit. Make a fully informed choice.
• Is the job making you sick?: Some people work in miserable conditions to the point that they become physically or mentally ill. If it has come to the point that your doctor or mental health professional is telling you to get out for your health's sake, it's time to go. No job is worth dying or having a mental breakdown over. However, you might think about taking a FMLA or other leave if available to you so you can take a step back and make the decision in your own time.
• Are you unsafe at work?: If you are being sexually harassed or harassed due to race, age, religion, etc., report it in writing to HR and give your employer a chance to investigate and fix the situation. However, if you are being physically attacked or threatened with bodily harm and the company won't remove the attacker, then you probably should not go back to an unsafe workplace. I do suggest you report any such incidents to the police and to HR before you let the attacker drive you out of a job.
• You hate your job: If you hate your job, hate the people, hate the work, it will show. Rather than let your work performance slide and get fired, it's time to start looking elsewhere. Sometimes, the decision to leave will keep you going through a truly crappy job until you are ready to leave on your own terms.
• You are terrible at your job: Sometimes, the job just isn't a fit. No matter how hard you try, you can't keep up, can't live up to expectations, or just don't have the skills or training necessary. If you've asked for training, done everything you could to get up to speed, then it's time to look elsewhere before you're given the boot. Try not to wait until you're given that PIP, final warning or severance agreement. If you know in your heart you aren't cutting it, then cut your losses.

There are lots of reasons to quit, but the timing is key. Quitting with little or no notice, with no job lined up, that's a pretty serious move. Be sure you have thought it through. If you're unsafe or it's unhealthy, then that's one thing. But otherwise, make your plan, do your job search and go when you're ready.

On the other hand, if you're a billionaire who doesn't need to think about mudane things like how to pay the mortgage, maybe quitting by tweet at 3 AM is the best thing. Hint, hint.

They Aren't Going To Beg You To Stay (So Don't Quit Unless You Mean It)

One of the things that makes me shake my head in my law practice is when people tell me that they either quit or discussed possibly quitting, then tried to take it back. I shake my head, because they're almost always contacting me because they're suddenly unemployed.

Many employees think they're indispensable. Whether they've been with the company a long time, are high-producing sales people, or just know where the bodies are buried, lots of employees quit or threaten to quit with the secret belief that their employer can't live without them. That the boss will beg them to stay.

That isn't going to happen. Oh, sure, there are rare cases where a top employee puts in a resignation and the boss rips it up and says they aren't accepting it. They may be offered more money. That's rare. You're more likely to get hit by lightning. It isn't going to happen to you. With unemployment what it is, there are probably people younger (or older and more qualified), better educated, and with less attitude just waiting to take your job. Plus, if you've shown your unhappiness then they may celebrate your departure.

Here are 9 things you need to know about quitting:

• Notice: While you're expected to give notice, 2 weeks or more depending on your industry, your boss may well say you should leave now. While this isn't very classy, unless you have a contract saying otherwise, they can boot you the second you hand in your notice. Be ready for it. If this happens, ask your new employer (because I know you're not dumb enough to quit without having a job lined up, right?) if you can start earlier. Or take a much-needed vacation.
• Vacation: Speaking of vacation, don't put in notice and expect to take your paid vacation during the notice period. It isn't going to happen. Either take the vacation before you quit or consider it lost. Some employers pay it out when you leave if you didn't take it but many do not. Your state law may or may not help you.
• Eligible for rehire: If you quit without notice, you're probably listed as ineligible for rehire. That can come back to bite you years later. Let's say you work for a company that gets a big contract. Surprise! It's your former employer or a company that ate your former employer. They may check you out and say you aren't allowed to work on their contract. You can lose your job even though you've been working for years with no problems. Give notice unless you're in physical danger from staying.
• References: Know what the company policy is on references before you go. If they only give neutral references (dates of employment, job title) then you may want to ask for a reference letter from a supervisor or two. That's all the more reason to leave on good terms. If you left on bad terms, you'd better hope they only give neutral references. Otherwise, assume they'll trash you. There are reference checking companies you can hire to find out what they're saying about you if you think they're giving out false information. Don't ask me to recommend any, since I've gotten complaints about every one I've recommended over the years, along with reports of extreme satisfaction, so I don't recommend anyone anymore.
• Quitting without quitting: If you ask your employer to talk about severance, they think you quit. If you no-show, they think you quit. If you clear out your office right before a vacation or medical leave, they think you quit. If you say that, unless they do x, y or z, you will have to quit, they think you quit. If they catch you looking at Monster.com, sending out resumes or get a call about a reference, they think you quit. If you say that you can no longer concentrate or do any work until they meet your demands, they think you quit. Once they think you quit, you're gone. Don't make them think you quit if you don't intend to quit.
• Forced quitting: If your employer tells you that you have to quit, they're lying. Don't quit unless you are ready to quit, or are offered something like severance that makes quitting worth your while. Your employer can't make you quit.
• Promises, promises: If your employer does beg you to stay, making promises that things will be better, more money will be earned or whatever, make them put it in writing. Get a contract. If they won't put it in writing, take the other job. Bosses are like spouses - they rarely change.
• Do I have a case?: Don't assume you have a lawsuit against an employer just because it was so awful you quit. Do your homework. Gather your evidence of discrimination, FMLA interference, whistleblower retaliation or whatever claim you think you have. Make sure you document everything and talk to an employment lawyer in your state before you decide.
• No take-backs: If you quit and then try to take it back, they don't have to let you (and they probably won't). If they let you stay, it will only be until they find a replacement. Don't quit unless you're sure. In rare cases, people who resign for another job that falls through are taken back with open arms. More likely, once they know you're looking, you're gone.

Discrimination against the unemployed is legal in most states, so don't quit unless you have something else lined up. No matter how stressful it is at work, it's probably going to be more stressful to be unemployed for months (or years). Unless you're so wealthy you can live without your work income for at least a year, then wait until you have a safe landing before you quit.

They aren't going to beg you to stay. Trust me on this.

Can An Employer Force You To Quit? 5 things to think about before signing a forced resignation letter

One question I'm surprised I've never gotten at AOL Jobs is one of the most common questions I get in my law practice. That is, whether your boss can force you to quit. Sometimes, a supervisor will try to make you so miserable you'll quit, but some will come right out and say it's time to turn in your resignation.

What are your rights if your employer shoves a resignation letter in front of you and tells you to sign? Should you resign when asked?

In my latest AOL Jobs article, I talk about the top 5 things to think about before you sign a forced resignation. You can read it here.

You Say Let's Talk Severance/Your Employer Hears I Quit (Or, Employees Are From Pluto, Employers Are From Uranus)

As sometimes happens when you've been practicing as long as I have (hint - I may have had a pet with a name ending in -saurus), you find yourself chatting with an opposing counsel with whom you've had many encounters over the years. These conversations can sometimes lead to some frank exchanges. I had one of these conversations a few days ago.

The topic was what it means when an employee says they want to talk about a severance package. He insisted it meant the employee had resigned. I hear this all the time from management-side lawyers, and I understand where they're coming from.

However, my clients never see it that way. I told this fellow attorney-saurus that I've never had a single client who meant they were quitting when they said to their boss or HR that they wanted to discuss severance. My colleague seemed shocked by this. "Then what did they mean?" he asked.

I had to explain that employees who say they want to discuss severance are usually making a cry for help. They've gone to the boss or HR with some dire problem. Maybe they've been sexually harassed or discriminated against. Maybe it's a bullying situation. Sometimes they've blown the whistle and are suffering retaliation. They've reported it and gotten no relief. So they say, "Fine. Let's talk severance."

What they probably mean is, "If you won't help me, you risk losing me as an employee." They're usually hoping that this final cry for help will result in some action being taken. They sometimes mean, "Rather than torture me into making me quit, let's just part ways amicably now." They're still hoping the employer will come to their senses.

I'm not sure why there's such a large communication disconnect between employer and employee on this, but my management-side colleague seemed genuinely surprised by my analysis. So I thought I'd share it.

Employers use any mention of a severance package to get rid of a complaining employee. They'll claim you quit before you can finish your sentence. And guess what? If you quit, you usually don't get severance. To an employer, severance goes to employees who have been laid off or fired with little or no cause. Quitters get squat.

So I'll say this to employers: Listen more carefully. If you like this employee, you may be able to salvage things if you act quickly. Plus, if they've just reported sexual harassment, discrimination or blown the whistle on something illegal, you might have handed them a lawsuit by escorting them quickly to the door.

To employees everywhere, be warned: If you even mention a severance package, your employer will claim you quit. Wait for them to bring it up. Then you might actually get some money to tide you over while you're looking for something else. If you were the victim of discrimination, illegal retaliation or sexual harassment, you might also have leverage to negotiate a better package if the employer fires you for reporting it.

I'm sure there are other things that employees and employers hear differently. Do you have any other examples where employees are from Pluto and employers are from Uranus? I'd love to hear them.

My Employer Says I Have To Resign. What Should I Do?

Suzanne Lucas, the not-at-all-evil Evil HR Lady at CBS Money Watch, wrote an interesting piece about being forced to resign, and I wanted to talk some more about this important issue here. I get this issue all the time. People come to me and say, “I was forced to resign.” Huh? How did the employer do that? Gun to head? Torture devices? Kidnapped loved one? Because your employer can’t make you quit. Quitting is entirely, 100%, up to you.

Just because your boss or HR comes to you and says you have to resign, doesn’t mean you should. My usual advice is never, ever resign unless you have another job lined up or the company offers you an incentive to resign that makes it worth your while.

Suzanne Lucas says you should ask these questions/say the following before resigning:

• How much severance will you give me in exchange for my resignation?
• If I resign, will you oppose unemployment?
• Why do you want me to resign?
• What will you say when you are called for a reference?
• I will take this and have it reviewed by my attorney before signing.
• I need this in writing.
• What will be my official "reason for termination" be in your HR system as well as my paper file?

I agree 100%. You need to weigh your options carefully before agreeing to resign. Now is the time to negotiate. If they want you gone, let them pay you to go away. Otherwise, make them fire you. You need to consider the upsides and downsides to resigning versus being fired. Here are some things to consider.

Why You Shouldn’t Quit

You haven’t complained about illegal harassment or discrimination that occurred: It may be a bit late in the game, but if you didn’t follow the company’s written policy on reporting harassment based on race, age, sex, religion, national origin, disability, etc. then you may lose potential claims against the employer. Now is the time to put together your formal, written complaint of discrimination and harassment. Submit it to HR as soon after the meeting where they asked you to resign as you can. If you think the resignation request is being pushed by your harasser, say so. Tell them how others of a different race, age, sex, religion, or whatever your protected category is were treated differently. Tell them that those others are not being asked to resign. Ask them to do a prompt investigation. Sometimes, they really don’t know about the discrimination and reporting it might stop the termination process in its tracks.

They aren’t offering anything: If they don’t offer severance or some other monetary incentive, why would you quit? Don’t make it easy on them. If they want you out of there, they should offer something, in writing.

You might lose your right to unemployment benefits: Some unscrupulous employers use the resignation as an excuse to claim you aren’t entitled to unemployment. It could be your word against theirs if you don’t properly document that you were forced to resign.

They want you to sign something right away: If the employer is shoving something in front of you and demanding you sign it, consider that a red flag. They’re trying to trick you. Don’t sign anything you don’t understand or are too distraught to think about clearly. Tell them you need time to think about it. Take it to an employee-side employment lawyer if there’s anything in it you don’t fully understand.

You have claims against the company: If you think you have a discrimination, whistleblower, worker’s compensation retaliation, breach of contract or other claim against the employer, you may have leverage to negotiate a better exit package. Don’t sign a release of claims without fully exploring your options.

You aren’t fooling anyone: Some people think a resignation looks better on a resume. Maybe. But if you resign and are then unemployed for months or years, who do you think you’re fooling. Nobody in their right mind quits without having another job in this economy. HR people aren’t (mostly) dumb, so they will know something happened that prompted your resignation.

Why You Should Quit

Great severance package: If you are offered a severance package that will tide you over sufficiently when you’re looking for another job, then you might want to take the deal. Make sure you aren’t also signing away your right to work for a competitor, your pension, or something else of value. Take it to a lawyer to be sure.

Won’t challenge unemployment: In most states, the mere promise that you’ll get unemployment without a hassle isn’t much incentive. Unemployment is usually a fraction of what you were making. However, if you think they might have a basis to successfully challenge your unemployment, then you might consider the resignation as long as they make the promise about unemployment in writing.

You have an alternative: If you have a job offer you’ve been considering, have a startup company you want to spend more time on, or think it might be time to retire, then a forced resignation might help you make a smooth transition. Make sure they agree they won’t tell potential employers or customers anything other than that you left to pursue other options.

If your employer is asking you to resign, you have some power, as Suzanne Lucas points out in her excellent article. Now is the time to explore your options, talk to a lawyer, call your union rep, and read everything carefully. You may have more leverage to negotiate in this situation than you think. Good luck!

Should I Quit My Job?

I get asked this question a whole lot. Here's my answer:

In this economy? What, are you nuts? That’s not really a legal question, but unless you have another job lined up, probably not.

I’m being harassed? Should I quit?

See answer above. But now we’re getting closer to a legal question.

In general, at least in most states, harassment isn’t illegal. Bullying isn’t illegal. If you’re being harassed due to race, age, sex, disability, color, national origin, religion, pregnancy, marital status, genetic information, objecting to an illegal practice of the employer, making a worker’s compensation claim, taking Family and Medical Leave, your testimony under subpoena, serving on jury duty, or some other legally-protected category, then, and only then, may the harassment be illegal.

For discrimination, you’re only protected if the employer has 15 or more employees. For Family and Medical Leave, they must have at least 50 employees. For other categories, check your state law to see whether you qualify. So you need to be sure the law protects you. Think you’re protected?

Still, you should not quit.

What you should do is report the harassment to human resources or whoever is named in the company’s harassment policy. I recommend you report it in writing so they can’t deny that you did it. You have to give them time to investigate and take action to stop it.

If they don’t stop it, or if they fire you for reporting it, then contact an employment attorney to discuss your remedies.

The truth is, only under the most extreme circumstances will the courts find that you were "constructively discharged," that is, that your quitting was because no reasonable employee would tolerate the circumstances. Should the law change? Probably. So talk to your legislators and congressional representatives.

In the meantime, the law hates quitters.