New Year Resolution – New Employment! Resigning from Your Job – Taking Steps to Avoid Possible Problems

Is your New Year’s Resolution to make changes in your job and/or career? Have you reached that point in your job that you say enough is enough? Are you considering just quitting? Do you feel that you have no alternative but to resign?  

If your New Year’s Resolution is to resign from your job – pause and read the following. There are many reasons NOT to resign from your job without a new job and careful consideration and some strategic thinking.  

For example, have you considered the following:
(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?  

Besides the above factors, it is important to know that resigning from your job may in many situations preclude you from obtaining unemployment benefits.  

Prior to resigning from your employment it is important that you understand your legal rights and to determine if you have any legal claims against your employer for the way you were treated during your employment. Might you be entitled to severance based on your employer’s plan, past practice or because it may make good business sense for your employer?  

Additionally, it is important to have any agreements you signed reviewed so that you understand your continuing obligations to your employer.

For more information or to speak with Sheree Donath click here.

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