Resigning for fun and pleasure

March 14, 2006 9:08 PM

Let's say I'm going to resign my position. What's the worst that could happen?

The company I work for has been bought out by an aggressive, somewhat nasty competitor. I will likely be losing my job by the end of the month. If I don't lose my job, I want to quit anyway. I don't like these people and the commute will get a lot longer.

This is okay: it's all good: I have another job lined up, complete with written offer, etc. I start next month. I want to give notice at my current position, because it will help my co-workers out and because it's the only way I'll get (maybe) paid my vacation time.

Here's the dilemma. I have this scenario in my head where I resign my position effective April 1st, and am escorted out of the building immediately. I then discover that my new employer has no plans to pay me for the second half of this month. This would be unpleasant, as my savings would get hammered paying rent.

Here are my questions:

1. In the scenario where a person giving notice is escorted out immediately (I hear this happens a lot at larger companies) does that person generally get paid for the remainder of the notice period?

2. If I get laid off immediately, but have this other job lined up, can I collect unemployment insurance for the 2+ weeks I'm unemployed?

I am a salaried employee and work in a state that is The Way Life Should Be. Sorry if this is all paranoiac crap, but I've never quit a job before.

posted by anonymous to Work & Money (24 answers total)

1. In the scenario where a person giving notice is escorted out immediately (I hear this happens a lot at larger companies) does that person generally get paid for the remainder of the notice period?

No. In this scenario, your employer is ending the relationship. Which they can do, since you're more-than-likely an at-will employee. Giving notice is just a courtesy to them. They don't have to accept it or likewise return the favor.

2. If I get laid off immediately, but have this other job lined up, can I collect unemployment insurance for the 2+ weeks I'm unemployed?

Yes. When you're unemployed for any reason, you should attempt to collect unemployment benefits (there are various reasons why this is so, which I won't get into, but it boils down to the relationship employers have with the state agencies and the money paid out). When you fill out your application, you just tell them exactly what happened.

Mind you, it will take you more than two weeks to get this unemployment check. So you're still kinda screwed.
posted by frogan at 9:28 PM on March 14, 2006

When you fill out your application, you just tell them exactly what happened.

But just make sure you're clear to them that you're not technically employed yet at your new place. In fact, I wouldn't say anything at all about the new position until after you start there and start collecting a salary.
posted by frogan at 9:30 PM on March 14, 2006

If you have another job lined up and you're not worried about 'burning bridges' - then say "Fuck you, I quit" and walk out on the day you want to be your last day.

Don't count on unemployment. Here in California, they have a 7 day 'waiting period' where you don't get squat, so you'd get a max of 1 week if you were only out of work for 2 weeks.

Also your vacation pay should be given to you regardless, if it's something that you accrued, but I've heard conflicting stories about this. Some places will pay vacation but not sick pay, etc. I had a company change their vacation policy to a more happy "take what you need" policy and as a result, they fucked me over when they laid me off, and my prick boss said that he would have no problems 'finding when I took time off.' (basically admitting that he'd just lie and ensure that I was screwed out of vacation pay.)

So, it really depends on where you are and what the company policy is. Fish around your HR info and see what they say.

But really, if you don't like these people and never plan on seeing them again, just bail on them. Fuck them. Seriously. Company loyalty only goes one way these days. They wouldn't hesitate to boot you right out the door anyway.
posted by drstein at 9:34 PM on March 14, 2006

This is just ancedotal, but when I quit a job to go work for a competitor I was asked to leave immediately but was paid for the "two-week notice" period. However, this is standard industry practice in my field. Also an at-will employment situation.
posted by mullacc at 9:46 PM on March 14, 2006

Not being asked to work your notice period (read: being asked NOT to work it, aka told) is very common, especially when you're leaving on bad or awkward terms, but your employer wants you gone more than they want to make the situation more unpleasant.

You can encourage this outcome by quitting on a Friday afternoon, and saying something like: "I'm giving my **** weeks notice as of today. That should make my last day of employment *****. Of course, I'd be happy to do any work necessary to hand off my projects, but given how relations between me and the company have deteriorated, it might be best if I work from home for my last couple of weeks"

They may refuse this outright, depending on the law where you live, and how much unpleasantness they want to create. But they are unlikely to want someone around who doesn't want to be there. Lots of companies are very concerned about you damaging systems or equipment, or just making a scene. You should pack up your stuff as if you expect not to be allowed back in the office.

It's very common that if you have vacation time owing, they make you take it during your notice period - ie you don't work, and you get paid, but you don't get paid for your unused vacation.

I would probably give some notice, but not much more than I had in vacation and personal time. YMMV, and I'm saying all this as someone who has worked at a lot of different places, not as a Union Organizer.
posted by crabintheocean at 10:11 PM on March 14, 2006

And you should resign on April 1st, obviously.
posted by crabintheocean at 11:21 PM on March 14, 2006

It's highly probable that you will be expected to leave immediately. In the circumstances you describe, management will of course have a plan for all those jumping ship, and it will most likely be a no-nonsense one.
I don't know if you'll get the money for the remainder period or the vacation, but again, management will already have made that decision; you should accept that you're simply either going to be laughing or crying, and there's little you can really do about it.
I'd also throw in that I wouldn't recommend the wait-til-the-last-day-and-quit approach: sure, you'll save yourself some money, but you'll certainly also cause yourself a degree of emotional strain, particularly as that final day approaches - I personally value money much less than emotional well-being.
posted by The_Partridge_Family at 11:44 PM on March 14, 2006

It really depends on where you are, and what your employment contract says. I'm pretty sure that in Canada, there's something along the lines of if you give your two weeks notice (or whatever is in your contract), and your employer says "Hell no, get out now", they still have to pay you for that notice period. But it really depends on where you are, and what your contract says.
posted by antifuse at 3:04 AM on March 15, 2006

Contact your new employer and ask if you can start two weeks earlier than expected. Most likely, they will be happy to oblige - most employers hire to fill positions they've needed filled for some time.

I don't know which of the "Way Life Should Be" states you're in (VT? ME?), but in MA, I believe they've eliminated the waiting period for Unemployment. If you can't start the new job immediately, apply for UI; even if you only get one week's compensation, it's better than zero.
posted by Kirth Gerson at 3:08 AM on March 15, 2006

Maine employment info

My employer is holding my paycheck. What can I do?
All earned wages, including vacation, are due on the next normal payday after termination. The employee must make the demand in person at the business. An employee who is denied payment, can call 624-6400 (TTY: 1-800-794-1110) to talk with a wage and hour representative.

It would seem that vacation is earned wages and due to you upon termination of your employment (either by employer or employee). But hey, call that number anyway and discuss it to make sure.
posted by jerseygirl at 3:49 AM on March 15, 2006

I do not see the word "vacation" anywhere in the original post, nor is it established that Anon is in Maine. But hey, go ahead and post a comment anyway, 'cause it's free.
posted by Kirth Gerson at 4:42 AM on March 15, 2006

Is there someone in Management that you're on good terms with? Go talk to them. It's likely that they're killing themselves trying to figure out who to layoff and who to keep. Strike a deal with them. Get your money/vacation/benefits/whatever, and give them one less person that they have to let go. It could be win-win.
posted by NotMyselfRightNow at 4:44 AM on March 15, 2006

All this good advice aside, start preparing to leave now...without telling anyone. Pack up and remove personal and other items you feel entitled to do so (within "company policy" of course). You have a firm committment with your new employer, but discuss dates for start and pay so you know exactly what you are walking into. Get your unemployment forms together (in the likely event your current employer will bounce you).

In my personal experience, though, it is better to milk out an extra month in the present job you can't stand to build continuity for yourself, and then walk into that new job with your savings intact (which you can then use towards a nice vacation at some point), than giving them the finger.

Good luck.
posted by mrmojoflying at 5:56 AM on March 15, 2006

Life is too short. Don't burn bridges. Give the notice. Live with the consequences.
posted by vega5960 at 5:57 AM on March 15, 2006

If I were in your shoes I would split the difference with the company and giving one week's notice? There's no law saying you have to give two.

....work in a state that is The Way Life Should Be.

i.e., the slogan of Maine.

Also, ...the only way I'll get (maybe) paid my vacation time.

I hope you can be as witty in your apology Kirth Gerson, as I enjoyed the "cause it's free!"
posted by hazyjane at 6:04 AM on March 15, 2006

I've always had a 2 week lag between starting work and getting paid, except for with one contracting firm who managed to screw up my cheque for over 2 months. I don't know Maine's laws, but in general states have a law that says that in the event of being laid off you'll get X weeks severance in lieu of notice. Maine has a site that's pretty helpful. In particular, you get one week severance pay per week of employment and it has to be paid out within a week of severance.

In your case it sounds like you're better off waiting it out and getting laid off if you don't have the cusion necessary to make it the weeks between jobs. As some unasked for advice: Rectify this, put away a little bit each month "just in case".
posted by substrate at 6:14 AM on March 15, 2006

OK, I do aplogize. The word is there. However, "The way life should be" is not the official Maine state slogan. It is a slogan I've seen applied also to Vermont, among other places. So the referral to Maine is preemptive. Sorry I'm not as witty as I am blind.
The official Maine state slogan is "Dirigo" meaning "I lead."
posted by Kirth Gerson at 6:34 AM on March 15, 2006

Is your state an at-will state? If so, you can quit whenever you want. Notice is just a courtesy.
posted by delmoi at 6:36 AM on March 15, 2006

I'm pretty sure that in Canada, there's something along the lines of if you give your two weeks notice (or whatever is in your contract), and your employer says "Hell no, get out now", they still have to pay you for that notice period. - antifuse

This is right - in Canada. They also can't cut back your hours during that time. If you're in the US in an "at-will" employment state, then you don't get this sort of protection.

But it really depends on where you are, and what your contract says. - antifuse

Yes. Know what country/state/province you're in would be very helpful.
posted by raedyn at 7:01 AM on March 15, 2006

"The Way Life Should Be" is the slogan currently printed on Maine's license plates. I think it's safe to assume that's what anon was refering to.
posted by justkevin at 7:31 AM on March 15, 2006

I would graciously offer to be one of the lay-offs that are inevitable. Tell them that you wanted to take some time to sort things out anyway, and would rather you lose your job then someone else. Upper management that is stressing over who to lay-off will likely appreciate it, and you might even get a severance package out of it.

PS. Don't mention the new job until the severance details are sorted out.
posted by visual mechanic at 8:30 AM on March 15, 2006

"The Way Life Should Be" is certainly the marketing slogan. "Dirigo" is on the flag. In Maine, your vacation pay will affect unemployment pay, and there is a 1 week period with no unemployment comp. You still have to look for work, even with a new job waiting. The Dept of Labor in Maine or any state will be able to answer your questions most accurately. Keep your pay stubs showing accrued vacation time, which you have a right to. You are generally not owed for accrued sick time. In some cases, if you are laid off, you are owed 1 week of pay for every year worked.

Give notice 2 weeks before the new start date. If they escort you out, you will at least have your vacation pay. If you're in Maine, March isn't ideal vacation weather, but some time off between jobs is a good thing. On preview, offering to be laid off is a good idea, but may get you out the door with no severance package.
posted by theora55 at 10:00 AM on March 15, 2006

If you do not give notice it's possible that the employer would not give you a favorable reference in the future.
posted by Justin Case at 10:38 AM on March 15, 2006

If you give notice through X date and they ask you to leave, they SHOULD pay you through X date because you upheld your end of the two weeks notice courtesy.

It varies from company to company, and I've learned the hard way that what's printed in their employee manual/corporate practices book is not always what's true.

For instance, though the employee manual said nothing about this, and I read it three times before giving notice, I was ineligible for my vacation pay (that I was owed) because i gave 13 days notice instead of 14.

I am also never allowed to work for that company, or any company it buys in the future, because of that 1 day. And, had I known that, I would have gladly given 14 days notice instead of the 13 (the new job required me to start on day 14, hence only 13 days of notice to the other company).

So make sure all your bases are as covered as possible so you get as much time and money that you deserve.
posted by misanthropicsarah at 2:09 PM on March 16, 2006