Quitting Your Job
GENERAL PERSPECTIVES
Many employees have thought about quitting their job and even their career; this is common. And many have done so “successfully” – meaning:
(1) new job secured within a time frame to avoid undue financial pressure
(2) a more “interesting” job or career – OR at least in a more comfortable environment (safe and away from bullies)
(3) increased compensation or if less compensation, at least the amount required to support the chosen lifestyle of the worker
(4) more challenging (activities / responsibilities) or at least with a better potential for career advancement
(5) improved work / life balance
FIRST THINGS FIRST
(1) List your reasons: (a) why am I considering leaving; and (b) what am I looking for?
(2) Talk to the most important person in your life (e.g. spouse and/or mentor) and listen to their comments. During such stressful times, it’s best to seek a “second opinion.”
(3) If your exit will possibly be contentious, consult with an attorney experienced with employment law issues. The cost of legal advice to avoid problems will be far less than the time and cost required to defend yourself or in the value of lost legal claims if you don’t proceed upon solid advice.
NARROWING THE SEARCH FOR NEXT JOB OR CAREER
Preparations for a new job or different career may include:
* self-assessment of your skills and interests
* studying available literature or on-line information
* talking to someone with current or recent experience in jobs / careers matching your skills and interests
* when off-duty: enrolling in formal courses
* retaining a job coach or a job placement agent (“headhunter”)
PREPARATIONS BEFORE EXITING CURRENT EMPLOYMENT
(1) clarify procedure to continue insurance coverages (e.g. health, disability)
(2) estimate your financial ability to live without severe financial pressure until you secure your next employment (which may be self-employment and its related start-up costs – see “Self-Employment Overview” category within these career stories)
(3) if not already done, document (in writing to management and/or Human Relations dept) any incident of discrimination or harassment
HOW TO EXIT
There are two main categories for how and when to exit:
(1) Notice – With or Without (or as said in Philly: “wid or widout”)
Be aware of advance notice requirements, either within a specific, written agreement for the individual employee or an “Employee Manual” generally applicable to everyone (or at least those below the executive level)
(2) Style – Angrily or Peacefully
Do you wish to “burn bridges” or to preserve them, if you are unable to predict the future, possibly involving past working relationships. Career guidance experts would recommend a graceful exit since your former employer will likely be called for a reference by any prospective employer.
EFFECTS OF QUITTING
(1) unemployment compensation – by voluntarily quitting, you will likely be ineligible to collect unemployment compensation
(2) resume – you should include the job you are quitting on any future resume to avoid a failure to accurately disclose your employment history, which could be a justifiable reason for your next employer to terminate your employment “for cause”
(3) network – will you lose or retain your network of co-workers or others within the same career?
(4) defamation lawsuit – be careful what you publicly say, in writing or on-line or even informally tell others about the reason(s) you have or will quit; anything stated which is essentially untrue and damages the reputation of your former employer / co-workers can be the basis of a lawsuit against you, claiming financial damages to be decided by a civil jury, for which you probably have no applicable insurance coverage (check your “umbrella” insurance policy for defamation coverage and exceptions)
(5) self-defeating your potential legal claim? – consult with an attorney in advance of quitting to discuss whether remaining in your current job, despite your claim of discrimination or harassment, could negatively affect your legal claim
SOLICITING CO-WORKERS OR CLIENTS TO ALSO DEPART
Just because you were solely responsible for attracting a new client / customer to your current business does not automatically mean that you have the legal freedom to ask or direct them to move with you to your new employment.
Whether you can ask co-workers and / or clients to join you in your new employment is a serious question which should be reviewed in advance with your personal attorney experienced in employment matters.
Your attorney should review any documents involving a “non-competition” clause plus state law regarding interference with contract relationships.
