Resign or consider joining the “great resignation”?This is the advice of an employment lawyer


Here comes Yves. Although I suspect that most American readers are familiar with the small minefields of resignation, this list is a useful reminder and may also be helpful to young relatives or contacts who may not be aware of the exercise.

At least in large companies with a highly routine exit process, most employees who have been there for a long time may already understand their approach. For example, some companies treat everyone who leaves as a potential thief or saboteur, whether they were fired or left voluntarily. They were immediately barred from entering the premises and transported to them items deemed to be their personal belongings, or, when they were packing, a human resources officer stood at their desk. So one tip is to take all your things out of the drawers and closets before announcing your departure; leave only the tabletop decorations (and take a time-stamped photo the day before).

Another problem is that some companies insist on conducting exit interviews. I never understood them, because if the employee’s problem is their boss, they have an incentive to lie. The company’s situation may get better and you may want to come back; it’s best not to burn the bridge unless you think it’s irremediable, or you want to leave the industry, or you want revenge (for example, you have been sexually harassed or forced to do something Ethical matters, and hope to record them with names). If you are going to discuss actual or suspected bad behavior, I will record the exit interview; God only knows that now that you are gone, a criminal might somehow try to nail something to you. Or maybe better, say that you will reply to them in writing (they really won’t like it, the conversation allows them to selectively record the record) and send them a letter with a copy to your lawyer.

Author: Elizabeth C. Tippett, associate professor of law at the University of Oregon.Originally published on dialogue

In recent months, a record number of Americans have quit their jobs, more than 4.4 million The resignation was submitted in September alone.There may be millions more who are ready to follow them to the export-a survey found that about one-third of workers Want to change career.

But one thing I learned over the years as a lawyer and later as a lawyer Professor of Employment Law When resigning, does time and preparation matter? Therefore, even if you have another job, it is worth considering some factors that may affect whether you quit now or continue to hold your current position for weeks or months.

1. No unemployment insurance

Generally speaking, workers who resign are not eligible for unemployment insurance.

On the contrary, unemployment insurance is reserved for those who lose their jobs for the following reasons Not their own fault, Usually due to layoffs or other termination.

2. No two weeks notice required

Employers often require workers to give two weeks’ notice before resigning, but Your employer cannot strength You stay in a job you don’t want.

In the United States, almost all employment relationships can be terminated at will, which means that employees can terminate or withdraw at any time.

This also means that if you notify your employer two weeks in advance, they may choose to terminate your employment relationship early, including immediately after receiving your notice.

3. Check your holiday balance

If you are eligible for vacation or paid vacation, it is worth checking your vacation balance, as well as your company’s policy regarding the payment of holidays for departing employees.

Some state laws The company is required to pay employees’ remaining leave balance as part of their final salary. Other states allow companies to refuse to pay for the remaining vacation.

If your company’s policy requires workers to confiscate the remaining leave balance at the time of termination, you may need to take any leave you accrued before submitting a notice.

4. Consider your vacation needs

If you expect to need vacation or sick leave to take care of a newborn baby, recover from your health, or take care of a sick family member, now may not be the best time to quit your job.

Although state laws vary, you will be eligible for leave under federal law Family and sick leave law Only if you have worked in the company for more than one year.Law also Only applicable Companies with more than 50 employees and employees who have worked at the company for at least 1,250 hours in the past 12 months.

Although the vacation is unpaid, it allows you to continue to enjoy benefits when you are not working and, if you wish, to return to work at the end of the vacation.

5. Healthcare: Plan ahead

Resignation also means losing any health insurance you got through work. Your termination paperwork should state how long you will stay under the current plan-for example, the last day of the month when your employment ends.

If you have a new job, you need to ask them when they can enjoy their plan.For any gaps in coverage, you can choose Continue to follow the old employer’s plan Pass a law called COBRA, but you have to pay the old employer’s share of the premium, which can be expensive.

You might want to Affordable Care Act Healthcare Exchange, Provide subsidies based on your income.

6. Consider any bonuses online

If you are lucky enough to qualify for a bonus—for example, if the company is successful, you can get an annual bonus—you will need to check its terms and conditions.

it is Common The company requires workers to be hired on the day the bonus is paid to qualify for the bonus. If you happen to quit your job the previous week, you may be unlucky unless your state’s wage laws protect the payment.

If you hope to get a huge bonus this year, you may need to stick to it until the bonus check is deposited into your bank account.

7. Final salary: Know your rights

State Law General Meeting Impose rules Ask your employer to pay your final salary within a certain period of time after your last day of work. If you owe sales commissions, there may be separate rules for when you need to pay.

National regulations also prohibit your employer Deduct from Deductions from your salary without your permission-such as deducting equipment or recovering signing bonuses or relocation expenses. If your final salary does not arrive within the legal time limit, or includes unauthorized deductions, you may want to consider hiring a lawyer.

8. Do not take anything from the office (without permission)

If your work involves working on a laptop or in an office, you may be tempted to insert a USB flash drive into the computer and download some useful files for future reference-perhaps some spreadsheets or PowerPoint that you are particularly proud of Presentation. do not.

Be careful not to take away any company information when resigning.

All the information you can access during your work, even any content you make during your work, Belongs to your employerDownloading information to a USB flash drive is a good way to initiate an expensive lawsuit, because you have stolen the company’s trade secrets, especially when you are going to work for a competitor.

Yes, they will be able to tell that you inserted the thumb drive into the machine.

If you just need to download some personal files or work samples of your future career, please ask your boss or the human resources department for permission to download or copy these files.

After all, leaving gracefully is more than just a gift Satirical email On your way out. This is also about the bonus check leaving the bank and the empty holiday balance.



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