Leaving a job is a significant decision that can have long-term, positive or negative consequences. While a new opportunity or dissatisfaction with current conditions may prompt the choice, there are important factors to weigh before finalizing your decision. Your departure will impact your income, benefits, and career path, so decide carefully before making this transition.
What Are My Legal Rights Before Resigning?
Employees have rights under federal and state labor laws that may apply before resigning. These can include entitlement to unpaid wages, earned vacation days, and other benefits accrued during employment. Review your employment contract, workplace policies, and state laws first, as these may specify notice requirements or conditions for payout of benefits.
How Might Quitting Affect My Unemployment Eligibility?
In most states, employees who leave a job voluntarily are generally not eligible for unemployment benefits unless they can show “good cause,” such as unsafe working conditions or significant changes to the terms of employment. The definition of good cause varies by jurisdiction, so confirm eligibility before submitting a resignation.
Should I Give Notice Before Leaving?
Providing notice is customary in many workplaces and is often seen as a professional courtesy. Some employers may require a specific notice period in an employment agreement or company policy. Failure to give the required notice can impact final pay, references, or rehire eligibility, so review the expectations before acting.
Can My Employer Withhold My Final Paycheck?
State wage laws dictate when an employer must issue a final paycheck after an employee leaves. In many cases, the timing depends on whether the departure was voluntary or involuntary. Employers generally cannot withhold wages that have been earned, although deductions may be allowed for unreturned company property or other authorized reasons.
What Should I Know About My Benefits?
Quitting a job may mean losing access to health insurance, retirement plan contributions, and other employment-related benefits. Some benefits may be portable, such as retirement accounts, while others, like health insurance, may be continued temporarily through COBRA or similar state programs.
Could Resigning Impact My References?
The manner in which you leave a position can affect the references you receive in the future. Professional and respectful communication, along with completing work commitments before departure, can maintain positive relationships. Negative departures may result in less favorable references.
What Are the Financial Implications of Leaving?
Unless you have acquired a new role, quitting can lead to an income gap that may last longer than anticipated. In addition to lost wages, there may be costs related to losing benefits, relocating for a new position, or covering personal expenses during unemployment.
Can My Employer Stop Me From Working for a Competitor?
Some employees are subject to non-compete agreements or restrictive covenants that limit their ability to work for a competitor after leaving. The enforceability of those agreements depends on state laws, the scope of the restriction, and the nature of the work.
Should I Consider Timing My Departure?
The timing of your resignation can affect bonuses, stock options, or other compensation that may vest at specific dates. It may also impact project completion, which can influence future references. Weighing financial and professional timing can maximize benefits and preserve relationships.
Can I Withdraw My Resignation Once Given?
In most cases, once a resignation is formally submitted, the employer is not obligated to accept a withdrawal. Some employers may allow it if circumstances change, but others may proceed with filling the role. If you are uncertain, it may be better to wait before submitting a resignation letter.
A South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Helps Protect Workers’ Rights
If you need legal guidance about work concerns, contact a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC. To schedule a free consultation, call today at 856-235-7075 or submit our online form. With office locations in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.