Resigning from Your Job Archives

Did You Hear? It Seems More Employees are Quitting Their Jobs

Published on July 10th, 2018 by Alan L. Sklover

I quit

According to Government Statistics, More Employees are Quitting Their Jobs Than Have Done so for Decades

According to recently published reports, more and more employees are voluntarily quitting their jobs, with or without having a new job lined up first.

U.S. Dept. of Labor Statistics show that during April of this year, 3.4 million Americans quit their jobs, a 17-year high, twice the 1.7 million employees who were laid off during the same period last year. The trend, it seems, cuts across all industries.

The Labor Department credits the strong economy, and the historically low unemployment rate – just 3.8% during April – for employees having the confidence to ?engage in “job hopping.”

Oddly, this seeming confidence and job-hopping is not reflected in any broad-based increase in wages, which have remained sluggish for decades.

Nor do the published reports indicate how many of these departures may actually have been employees leaving their jobs under threat of termination, for health reasons, or due to such circumstances as bullying or unreasonable workloads.

Whether you are considering quitting your job to find “greener pastures” elsewhere, or under threat of some kind, it is important that you devote time and effort to doing it carefully. It can make all the difference.

For example, consider taking a few minutes to review our blog post entitled “Resigning – The 21 Necessary Precautions.” To do so, just [click here.]

You may also be interested in obtaining a copy of our Master Pre-Resignation 100-Point Checklist. To do so, just [click here.]

And, too, other Model Resignation Memos and Letters are available by [clicking here.]

It is often said that the hardest part of any relationship is ending it well. That goes for the employment relationship as much, if not more so, than any other.

To see a list of all of our Model Letters, Memos, Checklists and Agreements – that show you “What to Say and How to Say It” in hundreds of different workplace situations – just [click here].

If you would like to arrange a Telephone Consultation with Mr. Sklover, just [click here].

Whatever you do . . . why not do it well?

“You are not alone, at work, any more.”

© 2018 Alan L. Sklover All Rights Reserved and Strictly Enforced.

Garden Leave . . . Is Negotiable

Published on February 27th, 2018 by Alan L. Sklover

 
“Logic will get you from A to B.
Imagination will take you everywhere.”

– Albert Einstein

ACTUAL CASE HISTORIES: A “Garden Leave” obligation is a promise that you will remain on your job, after resigning, for 30, 60, 90 or more days prior to departing during which (a) you may be required to work in the office, (b) you may be told to remain at home “tending your garden,” (c) in either case, while you are subject to termination at any time, at the discretion of employer.

For perhaps 20 years I have seen “Garden Leave” provisions in offer letters, employment contracts, bonus agreements, retention agreements, and almost every other kind of workplace agreement. Many clients chafe at these restrictions, as they both delay their moving on to hopefully “greener pastures,” and frustrate the wishes and plans of their would-be next employers.

A few years ago I began to suggest to clients facing Garden Leave restrictions that they attempt to negotiate to reduce the duration of their Garden Leave’s restriction. Increasingly, clients who try to do so are meeting with success. All the time? No. But with increasing frequency? Yes.

I now suggest to every client who is planning to resign from a job, but facing a long Garden Leave restriction, that they attempt to reduce their Garden Leave period through negotiation. Why not? There’s little to lose and so much to gain.

LESSON TO LEARN: With few exceptions, everything in life – and that includes work life – is negotiable. And by negotiation, I mean motivating your manager or employer to view what your seek to be in their interests as well as your own.

The same first principle that governs any negotiation – that a person will likely pursue what that person perceives to be in his or her best interests – governs this negotiation, as well. If you can change the way a person perceives her or his own interests, then you can motivate her or him to do just what you want them to do. Some people say, “Oh, gee, that’s just Sales 101 . . . that is, if you buy a certain toothpaste, you will have a better social life. ” Well, what applies to toothpaste applies to Garden Leave provisions, too.

And there’s no downside to making any request, so long as you present it with “The Three R’s”: (1) Be Respectful. (2) Be Reasonable, and most importantly, (3) accompany your request with a compelling Rationale.

As I have many times said, “You can lead a horse to water, but you cannot make it drink . . . but if you put the right “salt” into its mouth, it will feel thirsty, and, on its own, it will look for a stream.” In the Garden Leave context, all you have to do is decide who is the right “horse,” and what is the right “salt.”

WHAT YOU CAN DO: When planning to resign, if you are subject to a Garden Leave obligation, you should consider requesting that its length be reduced. Here are some thoughts that might help you do so:
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Any ways to get satisfaction after resigning?

Published on November 29th, 2016 by Alan L. Sklover

Question: Four months ago, I involuntarily resigned from my former job because I was about to be terminated after a dishonest Performance Review. I felt that my manager and HR both schemed, by all of a sudden lowering my performance review, in order to lower the number of employees, without paying any severance. I even lost my quarterly commissions. It was literally making me sick, but I decided that resigning was safer and more principled thing to do. Since then, I have gotten a new job, but it pays $20,000 a year less.

What happened to me still bothers me. It wasn’t right, I saw no other way out, and I have the feeling, deep inside, that they “got away with it.” Is there anything I can do to get at least some kind of satisfaction?

Terri
Lansing, Michigan

Answer: Dear Terri: This is not the first time I’ve received almost this exact question. No doubt a lot of people have felt the way you feel. There are several possible paths to “satisfaction,” depending on what “satisfaction” means to you. Here are my thoughts:
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FMLA – Great Tool to E-x-t-e-n-d Employment

Published on March 1st, 2016 by Alan L. Sklover

“ The cure for anger is delay.”

– Seneca

THREE BRIEF ACTUAL CASE HISTORIES: (1) Aquilino was a well known agricultural economist employed by an industry trade organization in Washington, D.C. His work visa was sponsored by his employer, and by the terms of his visa, if he was no longer employed by his employer, he and his family would have to return to their home country within ten (10) days. After a new Executive Director was hired who did not seem to be a “fan” of his, Aquilino had concerns that his position was insecure. Losing his job would entail Aquilino and his family having to depart the U.S. almost immediately. Aquilino and his family, however, wanted to remain in the Washington, D.C. area. Aquilino needed to find a new position before he might be laid off. He just needed some time.

(2) Margaret was a bond analyst for a large international bank. Over the years she had been awarded a significant amount of stock options. Each year, a large number of options vested. However, if she lost her position she would no longer be eligible for stock option vesting. In just six weeks, a very large number of stock options would vest. However, after receiving a poor review, she was concerned she might be let go before they vested. Margaret needed to remain employed for another six weeks. She just needed some time.

(3) Kevin and his wife had made all arrangements to adopt a child, which was scheduled to take place in about sixty days. At work, without warning, Kevin was placed on a Performance Improvement Plan (sometimes called a “PIP”), which contained a warning that, unless his performance improved “completely” in just 30 days, he could expect to be terminated. The problem was this: if he was no longer employed, the adoption process would come to an immediate halt. Kevin just needed to remain employed for 60 days, in order to complete the adoption process. He just needed some time.

Aquilino, Margaret and Kevin all managed to get the extended time on the job that each needed, and so all were able to navigate to get what they wanted, by making an honest application to each of their employers for a Family Medical Leave Act (“FMLA”) leave of absence. FMLA provides employees in companies with 50 or more employees up to 12 weeks of unpaid leave to attend to a medical or emotional difficulty, injury or illness, and the right to return to their position afterward. The law has widespread applicability, great flexibility, and very significant effectiveness – especially when you “just need some time.”

Aquilino had a teenage daughter with an eating disorder. Margaret had a mother who was in need of assisted living, but was living with Margaret while they sought a good home for her. Kevin’s wife was so nervous about losing out on the possibility of becoming an adoptive mother that she was having nightmares and difficulty eating. Aquilino, Margaret and Kevin each spoke to their family members’ therapists, doctors and health care providers, who in each case were willing to certify that each of their respective loved ones would benefit by having him or her spend more time with their loved one.

By extending his employment for 12 weeks, Aquilino got a new job, and his family was therefore able to remain in the Washington, D.C. area. By extending her employment, Margaret got the vesting of her stock options she sought. By extending his employment, Kevin and his wife got their dream come true: a baby son.

LESSON TO LEARN: You should not underestimate the utility of the FMLA leave of absence in your own work life or its potential to help you and achieve your own personal and workplace-related goals.

If you ever have a need to “e-x-t-e-n-d” your employment, and either you or a family member have a medical or emotional difficulty that would be helped by your having time off, please consider the many potential benefits of the FMLA law.

WHAT YOU CAN DO: If you need up to three months’ extension of employment, don’t hesitate to see if you might be entitled to a FMLA leave of absence. A few thoughts to help you if you do:
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“Who is your next employer? – How should I respond?”

Published on February 23rd, 2016 by Alan L. Sklover

Question: Hi. I’m trying to find out how to respond to management and colleagues who ask where I’ll be working once I tender my resignation. Any ideas?

Delia
Pawling, New York

Answer: Dear Delia, Your question is a common one, and one you are wise to ask, as well:
Read the rest of this blog post »


Alan L. Sklover

Alan L. Sklover

Employment Attorney
and Career Strategist
for over 35 years

Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. Learn the trade secrets and 'uncommon common sense' of Attorney Alan L. Sklover, the leading authority on "Negotiating for Yourself at Work™".

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