In today’s economy, leaving a job is not always a simple decision. Employees dealing with toxic workplace environment, retaliation, or sudden workplace changes may feel pressure to quit immediately. However, resigning and being terminated can carry very different legal and financial consequences. Before making any move, it is worth understanding what these terms mean and what is at stake. Because the legal consequences of resigning can differ significantly from those of being terminated, a Jefferson City, MO employment lawyer can help employees evaluate their options and protect their rights before making important workplace decisions.
Quitting, Resigning, Fired, Constructive Discharge: What Do They All Mean.
“Quitting” and “Resigning” generally mean the same thing, both describe a voluntary action the employee takes to end the employment relationship immediately or on a future date. Being “Fired” or “Terminated” typically means the employer decided to end the employment relationship, whether for performance issues, workplace misconduct, other business reasons. The most misunderstood is Constructive discharge, while it looks similar to ordinary resigning, it is actually very different. Although the employee leaves the job voluntarily, it may be treated as a firing if the employer has created a hostile or intolerable work environment through things like harassment, discrimination or retaliation that a reasonable person would have felt they had no choice but to leave.
Things You Should Consider Before Deciding.
There are a few things to keep in mind when planning your exit from a job to make sure your worker rights are protected:
- If you are leaving the job due to discrimination or harassment, then you could have a case for constructive discharge and should reach out to an attorney for details on how to file a claim.
- Resigning may allow employees to leave on more professional terms when applying for future jobs. Consulting an attorney to review or draft your resignation letter can be highly beneficial.
- Employees who resign voluntarily may affect their eligibility for unemployment benefits.
- Check the employment handbook, some employers have policies around non-compete clauses, PTO and 401k .
- It’s important to know the timeline of your last paycheck, laws around final paychecks are different in every state.
Things You Should Document Before Leaving
Before quitting or waiting for termination, employees should consider keeping records related to workplace concerns. Things like:
- Emails & Text messages
- Write-ups
- Schedule changes
- Recent paystubs
- Complaints you made to any supervisors
- HR complaints
- Performance reviews
- Termination documents
Documenting these items are especially important if harassment, discrimination or retaliation are reasons for leaving. While difficult, employees should avoid making emotional decisions in the moment. Every workplace is different, understanding the difference between resigning, termination, and constructive discharge may help employees make more informed decisions before leaving a position.
Bottomline
Workplace situations rarely fit neatly into categories, but the legal system requires such classification. Whether a departure is classified as voluntary, termination or a constructive discharge can affect eligibility for viability of any legal claims and unemployment benefits. Employees who leave without documenting what happened or understanding how their departure will be classified often give up leverage they did not know they had. Taking the time to understand your rights before making a move is always the right choice. TGH Litigation helps employees evaluate how workplace departures may be classified and advises on the potential impact those classifications can have on legal claims, unemployment benefits, and workplace rights.