C. How to Resign from a Job Properly

Many women do not know how to resign properly. The slightest mistake can expose you to a lawsuit or cause the forfeiture of valuable benefits. Some people resign without receiving a firm job offer from a new employer. Later, after learning the new job did not materialize, they are unable to be rehired by their former employers and spend months out of work unnecessarily without collecting unemployment benefits. To avoid this and similar problems, review and implement the following strategies where possible.

Sign a written contract with a new employer before resigning

A written contract with a definite term of employment (for example, six months or one year) can protect you from situations where the new employer changes its mind and decides not to hire you, or fires you after a short period of time. This often happens with devastating consequences but can be avoided by insisting on a valid agreement with job security before starting work. If the new employer does not agree to this, think twice before jumping ship.

Review your current contract or letter of agreement

If notice is required to be given, do this so you will not violate the contract's obligations.

Give notice only where necessary

In many jobs, giving notice is not required or necessary (contrary to the public's misconception) especially if you are hired at will. However, the employer will usually benefit when you offer notice because it may then have time to seek and train a replacement. It may also give you the opportunity to bargain for additional severance benefits before walking out the door.

Tip:Two weeks' notice is probably more than adequate; avoid giving more notice than necessary. Do not offer notice if you must start a new job immediately and believe this will jeopardize your new position. However, if you are entitled to a large bonus or commission in the near future, postpone resigning until you have received such a benefit.

Many employers often summarily reject an employee's notice and ask you to leave the minute they are notified of your intentions. The reason is that some employers believe you will copy pertinent documents or cause trouble. Don't be surprised if this occurs. Anticipate this may occur and plan ahead.

Should you resign by letter?

Only when it is used to clarify resignation benefits, request prompt payment of monies previously due, or put you on record that the resignation will not be effective until some later date. If this is important, always resign by letter. When you do, keep the letter brief and avoid giving specified reasons for the resignation without having a lawyer review the letter first. The reason is that the letter may be used as evidence at a later trial or proceeding and can preclude you from offering other reasons for the resignation or tipping your hand in the event of a lawsuit.

The example on page 242 is the kind of resignation letter you may wish to draft. Notice that it is hand-delivered or sent by certified mail, return receipt requested. This is done to prove delivery.

Never resign if given the choice

Many employers have written policies that state that no severance or other post-termination benefits will be paid to workers who resign. Additionally, you are not entitled to unemployment insurance benefits after voluntarily resigning from a job for a good reason (e.g., because the employer wants you to work the midnight shift or drastically cuts your pay) in many states. If you are a commission salesperson, it is often more difficult to argue that you are entitled to commissions due on orders shipped after a resignation (as opposed to after a firing).

Tip:Think twice if the employer gives you the option of resigning or discharge. Talk to a lawyer for advice where applicable. The author generally prefers that his clients be fired rather than resign whenever possible, since potential damage claims and severance benefits may remain intact. You can always negotiate that the employer will tell outsiders you Òresigned for personal reasonsÓ (even if you were fired) if you are worried what outsiders may think.

Keep Quiet

Tell friends and business associates of your decision to resign after telling your current employer, not before.

Avoid badmouthing

It is not a good idea to tell others about the circumstances surrounding a resignation, particularly if you are leaving on less than pleasant terms. Many employers have sued former employees for defamation, product disparagement, and unfair competition on discovering that harmful oral or written comments were made. Additionally, when the statement disparages the quality of a company's product and at the same time implies that an officer or principal of the employer is dishonest, fraudulent, or incompetent (thus affecting the individual's personal reputation), a private lawsuit for personal defamation may be brought. Some companies withhold severance pay and other voluntary benefits as a way of getting even. Thus, avoid discussing your employer in a negative way with anyone.

Return company property

Disputes sometimes occur when property belonging to the employer is not returned. You generally must return such property (automobile keys, confidential customer lists, samples, etc.) immediately on resignation to avoid claims of conversion, fraud, and breach of contract.

Tip:If returning items by mail, get a receipt to prove delivery. Recognize that a few states permit you to retain company property as a lien in the event you are owed money which the employer refuses to pay. However, since many states do not recognize this, speak to an employment lawyer before taking such action.