Is your New Year’s Resolution to leave your current job and find a new one? If so, there are factors to consider before you take the leap. Here are a few items for consideration:

Are you required to provide notice and if so, how much?

Do you have a new job lined up and have the terms been finalized, in writing, prior to your providing resignation to your current employer? If you resign without another role, you are unlikely to receive unemployment benefits.

Do you have restrictions on your future employment, i.e. non-compete, non-solicitation?

Are you entitled to receive a bonus and when will that be paid out? Keep in mind that if you leave before the payment date, then you are likely not to receive your bonus.

Do you have any equity scheduled to vest? You will want to ensure all vesting (or at least the next tranche) takes place before you provide notice, if possible.

Do you have a contract? Can you resign with Good Reason?

Have you gathered all documents that relate to the terms of your employment: employment contract, restrictive covenant agreements, stock plans, commission plans, etc. As a reminder, you cannot take or keep company documents that are not specific to the terms of your employment and your access to your system will be cut off on your termination date, if not before.

Will there be an exit interview? Do you have any possible claims to raise prior to or on your departure or have you raised concerns during your employment?

Are you on a performance plan or about to be placed on a performance improvement plan?

Are you entitled to severance pay and/or benefits?

The above questions are a few to consider before leaving your employment. If you are considering departing from your role, Donath Law, LLC is available to assist you in your transition (reviewing new employment documents, understanding documents signed when you onboarded or throughout your employment and/or seeking/reviewing severance documentation). Feel free to reach out to Sheree Donath, Esq. – Your Workplace Tutor and Legal Advisor – to determine next steps and to understand your rights and obligations.

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