Is Your New Year’s Resolution to Resign from Your Job?  Before You Do, Consider these Factors 

When resigning from your job, it may be in your (and your family’s) best interest to speak with an attorney. Careful consideration is put into resigning from your job. The same careful consideration should be put into how you resign. Donath Law, LLC, can guide you through the resignation process and review pertinent documents prior to your resigning to help you avoid issues in your future.If you are considering resigning from your job there are several factors to be considered. Some of these include:

(a)    What is the best time to resign for you and your family?

(b)   Do you know how much notice you must provide to your employer?

(c)    Are you due to get a bonus? If so, must you be employed on the date bonuses are distributed to receive it?

(d)   Is your family’s health insurance through your employer? If so, do you know your rights to COBRA or do you intend to obtain health insurance from a new employer?

(e)   Have you signed anything that will restrict your future employment like a non-compete agreement, confidentiality agreement or inventions agreement?

(f)     Do you have any issues to resolve with your employer prior to your departing?

(g)    Have you already obtained alternate employment?

(h)   Are you resigning for new employment, to make a lifestyle change or because your employer is pressuring you to leave?

Resigning from your job may preclude you from obtaining unemployment benefits. This, however, is not the case in all situations. The reasons for your resignation will help determine whether you are entitled to these benefits. For example, if your employer has made your employment so intolerable that you are getting physically sick, you may have no alternative but to leave your employment and thus, may be entitled to unemployment benefits despite the fact that you “resigned”.

Prior to resigning from your employment it is important that you understand your legal rights and to determine if you may be able to obtain a severance package on your way out. Has your employer mistreated you? Has your employer promised you items that you have not received? Are you currently involved in any ongoing projects that your employer still needs you to assist on? Are you an important witness in a case your employer is presently involved in?

It is also essential to determine and understand any obligations that you may have agreed to during your employment relation. Prior to resigning you should obtain and review any documents that you signed so that you are clear as to whether there are any restrictions on your future – are you precluded from working for a competitor? Do you have a garden leave provision? Did you agree to continued confidentiality, non-disparagement and/or cooperation with your soon to be former employer?