Why resign rather than be fired

No win- no fee option. A resignation can be either verbal or in writing, and is a clear statement by you to your employer that you are going to leave your job. This is usually set out in your contract of employment. An average notice period is between months, but for senior employees, if could be 6 or 12 months. If there is no notice clause, or you do not have a written contract of employment, then the statutory minimum period of notice will apply.

The statutory minimum period of notice where you have been employed one month or more is 1 week. If you have been employed less than a month, then you do not need to provide any notice. A much longer notice period may, however, may be implied if it is reasonable in all the circumstances i. Where you are resigning based on a constructive dismissal situation, you would not usually be expected to work your notice as this would form part of your claim. If you resign with immediate effect unwittingly, your employer may accept this, and you would then forgo your notice payments that you were otherwise expecting under your contract.

This could represent a valuable loss, so you need to make sure you really intend to resign with immediate effect, rather than making it clear that you are providing the appropriate notice under your contract of employment. In any event, a resignation with immediate effect could put you in breach of your contract.

Your employer may then decide to make a claim against you for losses suffered as a result of your breach. This is a worse case scenario, and you would expect a sensible dialogue to take place during any resignation process.

The point is that you do need to be careful. This will depend on how good the relationship is with your employer. This would mean you could be leaving earlier than you had intended. Also, your employer may not be predisposed to treat you in the same way as before, after stating an intention to leave without formally handing in your notice.

This could work against you at a time when you want a smooth transition into your new job. Most employment contracts require employees to give written notice of their resignation. If you chose not to do so in these circumstances, the notice period will not begin to run until you give your employer written notice unless they are prepared to accept a verbal notification.

In your letter of resignation you should set out the fact that you are resigning, together with how much notice you are giving and when your last day will be. If you are resigning following unfair treatment by your employer such as bullying or allegations of poor performance , and are considering bringing a claim for constructive dismissal , then what you write in your letter of resignation is very important.

You should make sure that you set out the full circumstances of why you have resigned so that you have the necessary evidence to formulate a claim at a later date if needed. We have seen many examples of unhappy departing employees who want to make a claim, but who then send a resignation letter stating how much they have enjoyed working with their employer- and thanking them for the opportunity.

This is not a sensible move. This could adversely affect your credibility when you are later trying to argue that the relationship had fundamentally broken down.

Please click here to jump to the constructive dismissal page for lots more information about this. You are entitled to receive your normal pay during your notice period, as set out in your contract of employment.

This includes any time that you are off sick assuming you are entitled to sick pay , or on holiday or maternity, paternity or adoption leave.

You should also be paid during your notice period if you are available for work, but your employer does not actually provide the opportunity for you to do so. Your employment contract should set out how long you need to have to stay with your employer to realise your stock options.

Employees only get a severance package if they are fired. Accordingly, in terms of money, it is better to get fired than to quit. You get money if you are fired. It is that simple. With regard to the negative perception associated with getting fired, I believe the effect is overblown. Sure, quitting looks better than getting fired, but millions of people have been fired and moved onto better careers. Nobody likes getting fired.

Everyone wants to leave work on a high note. Certainly, getting fired is a bruise to the ego. However, is an ego worth up to 24 months severance , which is generally the maximum amount of money one can get if they are terminated from work?

Take, for example, Randy. Randy worked at Widget Corp for 30 years, moving up the ranks from a labourer to a manager. Randy is 60 years old. Randy gets in a fight at work with his boss. For example, you could say something like "I left because I wanted to take on greater challenges. Another benefit of quitting is that you are in control of the timing.

Firings are typically unexpected, making them hard to plan for. When you quit, you can ensure your financial situation is sound before doing so. You can also line up another job before leaving your current one.

While getting fire is not usually enjoyable, there can be some benefits. One benefit is that it makes you eligible for unemployment benefits. Most states will not provide unemployment benefits to anyone who voluntarily leaves their job. By being forced to leave, you are now eligible for some financial assistance until you get another job.

In some cases, you may also receive a severance package when you are fired. You should check with your company's policies and see if you'll be eligible for severance if you get fired. If you suspect a firing is coming, you can also use that time to find another job.

During the time while you are waiting to be fired, you'll still receive your normal paycheck. When you don't have another job lined up, it can then make sense to wait to be fired rather than quitting right away. You may face a situation where you either have the option to quit or wait to be fired.

After considering the pros and cons of both, here are some steps you can follow to help you decide which option is best for you:. Start by considering what your employment looks like in the future. If you have another job lined up, then it probably makes more sense to quit rather than wait to be fired.

If you don't have a job lined up, then waiting to be fired could give you more time to job search while still getting paid. However, also think of the impact getting fired will have on your future job prospects versus quitting. Employers are sometimes hesitant to hire someone with a track record of being fired.

You can therefore improve your future chances of getting a job by quitting on your own terms. Another thing to consider is whether you'll need unemployment benefits. Unless you have another job waiting for you, or plenty of savings, you may need some help financially until you get a new job.

In many cases, you won't be eligible for unemployment benefits if you chose to leave your job voluntarily. In this situation, it might make more sense to wait to be fired. You should also consider any severance pay you might receive from the company. A severance package can help you financially while you transition into another job, but not everyone is eligible for severance. You should also consider your professional relationships at your current position before making any decisions.

You may need a reference from your manager in the future and so you'll want to maintain a good relationship with them. If you leave professionally rather than waiting to get fired, this can help to salvage a professional relationship. The last thing to consider is your own mental health.