The information provided is for general information and does not form an attorney-client relationship. See our .
Whether to resign or wait to be terminated is a personal decision that depends on a number of factors. Here are some factors to think about:
Employment Laws: In Colorado, the law affords you certain rights or protections if you are terminated, such as severance pay, unemployment benefits, or continuation of health insurance benefits under COBRA. Likewise, if you are terminated the employer must provide you your final check. If you quit first, however, the employer can pay you according to your regular pay schedule. Many employers may offer you severance as well if they terminate you to avoid future claims, which won't be offered in most cases if you quit. Next, if you believe you have an employment claim against your employer, such as for wrongful termination, discrimination, or hostile work environment, your employment status may impact the claims that you can bring against your former employer or the relief that you can request. The exact facts of your case would need to be know to make a complete determination. In general, however, quitting in and of itself does not prohibit you from bringing a legally cognizable claim.
Future Employment: It's worth considering how either choice may impact your future employment prospects. Some potential employers may prefer to see a resignation on your record rather than a termination. However, if you're asked why you resigned, you may need to provide a response that doesn't reflect negatively on you.
Job References: How might this impact references from your current employer? If you leave on good terms, even if you're being terminated, your employer may be more likely to give a neutral or positive reference.
Workplace Stress: If the environment at your workplace is causing you undue stress or negatively impacting your mental or physical health, it might be in your best interest to resign and remove yourself from that situation. Again, you may still be able to bring an employment claim even if you quit before being terminated.
Financial Stability: Consider your financial situation. If you have no other job lined up, can you afford to be without work for a period of time? This could affect your decision.
Remember that this advice is general in nature, and every situation is unique. Only you can make the determination if you should quit before you are terminated.
