Quitting a job may be straightforward when there is another exciting job to go to, but this is often a much more difficult choice. Below are some things to consider before taking this step, whatever the reason is for your possible resignation.
Possible alternatives to resigning
Some situations at work would cause some people to quit without hesitation. Often though the circumstances are less clear than that. While it is usually advisable to raise issues at work before quitting, I do understand that sometimes people feel unable to carry on in the job. In this situation, the realistic alternatives may only be quitting or taking sick leave. The option of taking sick leave may be the more advisable one because it would hopefully allow the person time to think and take stock.
Other things to consider before resigning
There are some obvious outcomes of quitting a job, such as losing the job and income. Other possible eventualities of this may not be so obvious. You should consider what your employment contract says about resigning and what may be needed from you in this situation. For example, the contract may require you to give ‘written notice’ of your resignation and to deliver this letter in a particular way.
You should also consider whether to work the required notice period. Not working the notice period may not be a choice from a financial perspective and may not be easily accommodated by your employer. Sometimes, however, continuing the employment will not be a realistic choice for the affected individual.
You should also consider what impact your resignation may have on your employment benefits, including any benefits which may be tied to your employment status, such as, for example, share options. Further, whether/how it may affect any directorship, shareholding and/or regulatory responsibilities you hold.
You should also consider what continuing duties you may owe to your present employer under your employment contract and any related documents. You may have such duties in relation to confidentiality and restrictive covenants. Restrictive covenants are clauses that talk about preventing you from competing with your employer for a limited time after leaving the job.
What should my resignation letter say?
Your resignation letter should be clear that its purpose is to end your employment.
If you want to leave open the door to a possible subsequent legal complaint, you should consider explaining the reasons for your resignation in the letter, or you may just want to record your dissatisfaction.
It is rarely an easy decision to leave a job, and it will probably be advisable for you to take specialist advice before doing this if you are considering a possible legal claim or are uncertain of your legal rights. I hope, however, this general guide is a helpful reference point in your consideration of what to do.
This blog was written by Ben Lindsay, Solicitor at didlaw
