Los Angeles Employment Lawyers Explain the Pros and Cons
Termination from a job may seem like a terrifying prospect. The embarrassment associated with being fired as well as the loss of income and job security can be daunting. Moreover, many people believe termination will leave a black mark on their job history forever. However, in some situations, termination from a job is not necessarily the worst option, and employees can possibly use this to their own advantage. Since every employee’s circumstances are unique, the following information is not official advice. Still, you should know that sometimes quitting a job could be worse than being fired.
How is Termination Better than Resignation?
A number of circumstances may make being fired more beneficial than putting in a resignation. Most notably, termination offers additional benefits that a resignation may not. Many jobs offer severance packages to fired employees, and this compensation is a valuable source of income that can keep many former employees afloat while searching for new jobs. Be aware that severance packages are not available in all jobs, so this option may not benefit those who can be terminated without receiving any form of severance.
Another form of compensation is unemployment insurance. In California and most states, this form of compensation is available to those who become unemployed through no fault of their own. Even if an employee does not have all the necessary skills for a job or is just not a great fit for a company, that person should still be able to collect unemployment upon termination. However, termination for misconduct eliminates an employee’s right to unemployment compensation; even if you want to be fired from your job, you should not simply engage in misconduct in order to be fired.
Resigning offers none of these benefits. If you willingly leave your job, you will not be eligible for either of the above-mentioned sources of income to support yourself while you search for a new job.
Though being fired can make your resume look unappealing, you do not need to mention you were fired on your resume, and you can voluntarily leave the job off of your resume if you spent very little time there or if it does not bolster your resume in any way. You should not withhold this information about being fire from potential employers, but you should focus on advertising your strengths instead of your termination.
What are the Limitations of Filing a Wrongful Termination in California?
If you suspect your employer will fire you unfairly, do not quit your job. If you are certain your employer does not have the legal right to fire you, quitting can eliminate your ability to sue for an unfair dismissal.
If your employer fired you unfairly, talk to an attorney at Kesluk, Silverstein & Jacob as soon as possible. Employers may try to keep you unaware of your ability to file a lawsuit after wrongful termination, but we can work to make sure you receive fair treatment. We offer free attorney advice about wrongful termination damages, so you have nothing to lose by calling our attorneys today to learn about your workplace rights.