Question: My employer wants me to resign rather than be terminated due to alleged poor capabilities at work. My employer says it is in my interests to do so.
On the other hand, my friend told me to never resign or sign anything in this instance.
I don’t know which way to go. Help!
Answer: In most instances, I agree with your friend. However, there are some instances where I would agree with your employer. It all depends on the facts, and what is important to you:
A. Resignation: No severance, no unemployment benefits, no right to claim discriminatory treatment. If you are asked why you resigned, the truth is still the truth: you were asked to, due to “capabilities” reasons.
B. Termination: Possible severance, probable unemployment benefits, you can raise claims of discriminatory treatment, and you can still explain to your future employers that you disagree with the “capabilities” determination.
Between the two, termination usually seems preferable to me. However . . .
C. Negotiation: But, how about negotiation, that is, a way both you and your employer get what you want. Why don’t you consider WRITING IN AN EMAIL to your employer,
“I will consider resigning, but will you also give me, in return, a WRITTEN PROMISE that (1) you will not contest my application for unemployment, (2) before I resign, you will give me time to find a new job, say, six months; (3) if I don’t find a new job, you will give me severance of three months, and; (4) no matter what, you will sign a reference letter that I draft that will say a lot of good things about me that are all true: (i) I am on time every day; (ii) I am friendly, with every one; (iii) I try hard; (iv) I always finish a job I start, and; (v) I am seeking a new job because my present opportunities for advancement are limited.”
Resignation and Termination both have potential advantages and disadvantages. On the other hand, Negotiation really has no down side. It could achieve a “win-win” for all. And even if it doesn’t work, you will just go back to your first two alternatives. Why don’t you give Negotiation a try?
Teaching people that they CAN negotiate – and in that way achieve more in a smart way – is the reason I write this whole Blog, my newsletters and produce my videos. Consider giving it a try. . . like riding a bicycle, you’ll do it more and better each time you try.
Best, Al Sklover
© 2009 Alan L. Sklover, All Rights Reserved.