Is it Better to Be Fired Or Quit?
Whether to be fired or quit depends on a number of factors. It may be worth weighing the pros and cons of each option before making a decision, HR experts say.
PRO: Resigning can be a great way to end a job that isn’t working out for you. In addition, leaving voluntarily can minimize the potential negative consequences of your employer’s actions when you decide to file for wrongful termination or other legal claims.
It also can help prevent your future employers from questioning your ability to work at a higher level, especially in executive positions. A resignation letter that is accompanied by a positive recommendation from your former employer can be a strong marketing tool when you are seeking employment in the future.
In some cases, a resignation can also save your employer money by avoiding the need to pay you unemployment benefits as well. This can be particularly useful for workers in professions that don’t typically see severance packages at all.
But quitting also can make it more difficult to pursue a wrongful termination or retaliation claim later on, Stygar said. “If you leave willfully, in a lot of cases, you forfeit those claims,” he noted.
Similarly, quitting can be a bad idea if you want to get back into the workforce after a lengthy absence, as it makes it more difficult for your next employer to know where to start when you apply.
CON: The most common reason employees are terminated is poor performance, which includes a variety of issues including failure to meet quotas, a lack of training, or a failure to communicate with the boss about a problem, according to Stygar. In these situations, it is important to consult a Texas employment lawyer to determine your best options for protecting yourself against wrongful termination or other forms of discrimination or harassment.
It is also important to keep in mind that you can’t file a lawsuit against your employer until you have been fired, Stygar said. Even then, you will need to show that you were retaliated against or suffered an illegal discharge before you can file a suit.
You can also try to negotiate a way to avoid being fired by asking for a severance package. But it is still a good idea to consult a lawyer before you agree to this type of arrangement, as there are certain severance benefits that aren’t available to all.
If you’re unsure about whether to quit or be fired, consider your situation before making any decisions, says the Craighead Law Firm. Our firm is here to help answer your questions and guide you through the legal process. Call us today for a free consultation.
A toxic job can have serious effects on your mental and physical health, so you should always consider your wellbeing when making a decision about your job. If you don’t like your job or are having trouble getting along with your boss, it might be a good idea to consider leaving before you’re fired.
