Is it Better to Quit or Be Fired?
Should I quit or get fired? What benefits will I lose if I decide to resign? Will I receive a severance package?
When you feel that your time with your employer is coming to an end, questions and concerns fill your head. You may be in a situation where you realize it is best to cut ties with a company, or you may be fired or asked to resign.
If you believe you are being treated unfairly, you should call an employment lawyer right away. An experienced employment attorney will be able to answer all your legal questions and concerns. You can call us today for a completely free, strictly confidential legal consultation.
Is it Best to Resign or be Terminated?
Whether it is best to resign or be terminated depends on factors like unemployment benefits and other termination terms. In some situations, an employer may offer the employee the option to formally resign instead of termination. Unfortunately, asking is it better to quit or to be fired is not an easy question to answer.
Resigning from a job allows you to leave on your own terms. Depending on the circumstances, you may be able to negotiate a severance package. This can be extremely helpful if you don't have another source of income as you begin to search for a new job. When negotiating the terms of your resignation, you may be entitled to certain benefits, such as health insurance for a period of time. Another benefit to resigning is you won't have to explain to future employers why you were terminated. Resigning from a job allows you to frame your departure in a positive manner.
However, there are benefits to being terminated, as well. You are not eligible for unemployment benefits unless you are fired from a job. If you choose to resign and your company does not to offer you a severance package, this leaves you with no income while you begin to look for a new job.
Each company has different policies when it comes to terminating employees. Since there is no easy way to decide if it is better to quit or get fired, it's important to know all your rights. If you think you were wrongfully forced to resign, or if you were offered a severance package, contact us today at 412-394-1000.
Can an Employer Terminate You After You Resign?
Employers can terminate you after you resign, and in most situations, it is not against the law. All Pennsylvania employees are considered "at-will employees" unless there is a contract. This means the employer has the right to fire the employee at any time, if that reason is not discriminatory. This also means the employee can quit at any time. However, an employer cannot terminate you for an illegal reason such as discrimination. If you feel you were discriminated against in your termination, you may need an employment lawyer.
Can My Employer Fire Me Right Before I Retire?
Your employer can fire you right before you retire. If you are an "at-will employee" your employer has the right to fire you at any time, even if you gave notice you planned to retire. However, firing someone with the intention to prevent them from achieving full retirement status is against the law and violates the Employee Retirement Income Security Act (ERISA). This can be hard to prove in court, so it is vital you keep records and document detailing the events of your retirement.
If you suspect you were fired due to age discrimination, you may also be able to sue your employer for wrongful termination. If you are fired just months before retirement, give us a call today for a free, no obligation legal consultation at 412-394-1000.
What is the Difference Between Resigning and Quitting?
Essentially, there is no difference between resigning and quitting. Resigning is a more formal and professional way of saying "I quit." It is important to leave on good terms with a company because they could be used as a future reference.
If you felt you had to quit because your employer was discriminating against you, you should hire an employment lawyer. Federal and state employment laws protect employees against discrimination and harassment in the workplace. If you feel your employer violated your rights, and you were forced to resign, call us today. Waiting to contact an employment lawyer can jeopardize your rights. You often have a short time period to file a complaint to the U.S. Equal Employment Opportunity Commission (EEOC.) Our experienced law firm can help protect your rights and get the justice you deserve. Call us today at 412-394-1000 to get started.
Can I Sue for Being Forced to Resign?
If you were forced to quit or resign from a job due to intolerable working conditions, you may be able to sue your employer for constructive discharge. Legally, constructive discharge is a form of termination because you were forced to quit against your will. If you are forced to resign, you should be able to receive unemployment benefits. You are also able to file a complaint with the EEOC. It is important to keep a record of everything that occurred while working for your employer to support your constructive discharge claim. Our experienced employment law team can help with this process, and we recommend contacting us as soon as possible. Filing a claim with the EEOC must be done within 180 days if you work in the private sector and 45 days after termination if you work for the government. At Edgar Snyder & Associates, we have been helping clients for over 35 and we're here to answer your questions. We're available for free legal evaluations 24/7 at 412-394-1000, by chat, or by filling out the form on this page.
Can I Sue My Employer for Firing Me?
If you were fired because of your race, religion, gender, age, etc., you may be able to sue your employer for wrongful termination. Unless under contract, all workers in Pennsylvania are "at-will employees." An employer has the right to fire an at-will employee at any time and for any reason, as long as the reason is not discriminatory. You only have 180 days to file a claim to the EEOC so it is important to call an employment attorney as soon as possible.
Did My Employer Wrongfully Terminate Me or Illegally Force Me to Quit?
The sooner you call our office, the sooner we can help. Employers often have high-powered attorneys that work to protect them, so you deserve to be represented by an experienced law firm ready to fight for your rights. We're here to help you get the justice and compensation you deserve.
If you were forced to resign or were wrongfully terminated, don't wait—call us today. Time is of the essence when filing EEOC claims. Call us today at 412-394-1000 for a free and strictly confidential legal consultation.