Giving notice when you resign: 6 ways to avoid trouble

Giving notice when you resign: 6 ways to avoid trouble

Question

I’m getting conflicting advice about giving notice before I resign my job after accepting a new job offer. A career coach told me I have to give notice or ruin my reputation. (“Don’t’ burn bridges.”) A guy I used to work with got burned when he gave notice: his boss demanded he stay a month to train somebody! Another was immediately escorted to the door by company security. (He was counting on a couple of weeks’ more salary.) Not all stories are bad but I don’t like to take risks when I can avoid them. I’d prefer to just make a clean cut without notice. Do you have any tips to play it safe?

Nick’s Reply

giving-noticeI’ll summarize what I think are six important considerations that should help keep you out of trouble when giving notice that you’re quitting your job. I’ll emphasize up front that you must do your own calculation and decide for yourself what is your best course of action.

1. Check your obligations before giving notice

It’s astonishing how many people think their basic freedoms vanish when it comes to their jobs. Just as you’re free to move from one state to another when you wish, without anyone’s permission, you’re free to change jobs anytime you wish (with or without giving notice) — unless you signed an agreement accepting limits on this choice. Check the obligations you agreed to.

Do you have an employment contract? (These are rare in the U.S. and usually involve executive positions.) If you do, read it carefully, or have an employment attorney review it. Keep in mind that the job offer you signed may be a kind of contract, and it may incorporate by reference your company’s employee policy manual — which may say something about a notice requirement. It matters what you sign and agree to when you accept a job.

2. Check for “employment at will” law

In most U.S. jurisdictions employment is “at will” — your company can terminate you at any time for any or no reason, without giving you any notice. But if you work in an “at will” state, you can likewise quit. Whether you should quit without notice is usually your choice. Make sure you know the employment law in your state — and review what you have contractually agreed to.

3. Check your company’s history

Nose around before you decide. Has your employer made life difficult for other employees that quit without notice? Some employers actually handle resignations with aplomb. It’s worth finding out your company’s actual practices because that may factor into how you calculate your risk.

4. Check your reputation risk

That career coach is correct: resigning without notice can damage your professional reputation. (Your employer may put you on a no-rehire list.) If word gets out, it might damage your rep with other employers.

However. This is a risk you must calculate. While quitting without notice can be a crappy thing to do, it might be prudent anyway. Sometimes we have to make tough choices. If giving notice might put you in serious jeopardy, avoiding the risk may be preferable to doing what’s expected.

Now let’s talk about potential jeopardy.

5. Check the consequences

Giving notice because “it’s the right thing to do” might trigger consequences you haven’t considered. Like the friend you mentioned, you may not get two weeks yourself — of additional salary or time between jobs that you expected. You may be told to leave immediately without a chance to gather your personal belongings. (“HR will mail your stuff to you.”)

If you work in sales or get paid a bonus, policy might dictate that you don’t get the money unless you’re employed there on the date it is set to be paid — and unless you provide notice. Quitting without notice may trigger instant recovery of educational or relocation investments the company made in you. If you work on a “draw” in sales, you might actually owe the company money it advanced you against future commissions. (See The 6 Gotchas of Goodbye.)

An employer cannot withhold your pay, but you must understand what constitutes pay in your specific case. But don’t run from choices like these. Depending on the financial rewards and professional opportunities provided by your new job, it may be worth resigning without notice.

6. Check the spite factor

Tendering a resignation usually elicits this question: “Where are you going to work next?” It may seem as innocent as HR’s request that you sit for an “exit interview” and explain yourself. But you owe no one any explanations, or information about your future.

I’ve seen spiteful employers go out of their way to nuke a departing employee’s new job offer. Is there any chance your old boss would contact your new employer and try to poison your well? Please think about this. That offer you accepted could be rescinded. In my experience, it’s rare. But if it does happen, the consequences for you could be dire. A risk might seem small, but when the cost is potentially immense, I don’t think taking a chance is prudent..

My advice: Don’t tell anyone even remotely associated with your old company where you’re going until you’re already there. “No offense, but I’ll be happy to get in touch once I’ve settled into my new job and we can have lunch.”

I’m not suggesting you should never give notice when resigning. But if you decide to part company suddenly, take time to evaluate the risks, and to calculate the potential costs and benefits of quitting without notice. Is your new job worth it?

Do you give notice when you resign a job? Have you been happy with the outcome? Are there circumstances when you think not giving notice in advance of leaving an employer is prudent?

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Two weeks’ notice cost me two weeks’ pay!

In the November 1, 2016 Ask The Headhunter Newsletter, a reader tries to do the right thing by giving two weeks’ notice and loses two weeks’ pay.

Question

get-outI have a new job, so I gave my two weeks’ notice to my employer. But my boss let me go the same day! He said, “I accept your resignation. And you’re gone immediately.”

I needed at least another week of work because I can’t afford two weeks off between jobs. Now I’m screwed. They gave me three hours that day and told me to leave. I’ve always given at least two weeks’ notice to be fair to my employer. Is it right that they did this to me after I did the right thing for them?

Nick’s Reply

Unfortunately, it’s not a question of right. For the employer, it’s a judgment call.

Here’s what your boss may be thinking:

  • Are you a liability or risk if you stay on another two weeks? In other words, will you be distracted and do lower-quality work?
  • Are you likely to “poison the well” and encourage other employees to think about leaving?
  • Or, is the manager just angry? Does he resent your “disloyalty” because you quit? Quitting a job doesn’t make one disloyal, but your manager’s ego might have gotten the best of him and caused trouble for you.

You never know how an employer is going to react. For some tips from my PDF book, Parting Company: How to leave your job, check this article: Protect Your Job – Don’t give notice when accepting a new job.

I think an employer is a dope to not take advantage of two weeks’ notice to help transition your work to another employee. But once you resign, your employer is not obligated to keep you on. There may even be a company policy about not letting employees who resign stick around.

While it’s a good thing to do right by your employer, this is why I tell people to consider their own interests first when quitting a job. If you think it’s risky, don’t give notice. This is just one issue when leaving a job. In the aforementioned book, I cover loads of other issues people never think about, including:

  • What you can and can’t take with you when you leave
  • Non-Disclosure Agreements and Non-Compete Agreements
  • Legal liability
  • What to say and what not to say in a resignation letter or during an exit interview
  • How to submit your resignation to protect yourself
  • How to plan your departure
  • There’s even a checklist shared by my insider HR friends

Two weeks’ notice used to be a standard courtesy. Although some employers still expect it, in some places it’s a risk to offer it. People like you try to act ethically and with integrity, but leaving a job is a business and financial decision that nowadays is handled coldly by many companies. While I don’t advocate quitting without notice, I suggest that people get their ducks all in a row before they walk in to resign a job. Plan for the worst.

This article may be helpful as you consider any new job offer: Protect yourself from exploding job offers.

Sorry to hear you got hurt in the process. But congratulations on landing a new job!

Have you ever gotten burned for giving two weeks’ notice when quitting a job? If you’re a manager, would you walk an employee who quits out the door, or do you want the notice period?

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When should I tell my boss I’m resigning?

In the January 15, 2013 Ask The Headhunter Newsletter, a job hunter asks when to give the boss notice of resignation:

I have an opportunity to move from a large corporation to a established startup. I have put in seven happy years at the corporation, but the new position will be a nice change. I’m still going through the interview process, and it’s going well. When do I break the news to my current boss? I don’t want to burn any bridges, and I don’t think I would accept any counter-offer. I just want to give respectable notice so that he can replace me.

Nick’s Reply

zip-itCongratulations on the new opportunity, but please — don’t jump the gun. Never, ever give notice or resign until:

  • You have a written offer in hand
  • You have formally accepted the offer
  • The new employer has confirmed your acceptance, and
  • The on-boarding process has begun.

It doesn’t happen often, but job offers get rescinded, especially between the informal oral offer and the bona fide written version. Don’t be left on the street without a job. When the above milestones have passed, I’d tell your employer nothing except that you’re leaving. Give your boss a one sentence resignation letter that says nothing more than:

“I hereby resign my position effective on [date].”

The details of your “notice” don’t need to be spelled out in the letter. In person, I’d commit to helping with a proper transition not to last more than two weeks, unless you really want to be helpful — that’s up to you.

There’s a small chance that, no matter how well you and your boss get along, you will be ushered out the door immediately. Some companies have very strict security policies, so make sure all other loose ends are tied up before you resign. They may not even let you go back to your desk. This is unusual, but it does happen. Even friendly employers can turn officious when a person resigns. Just be ready for it.

I would not disclose where you’re going. I’ve seen bitter former employers try to nuke a person’s new job. Politely explain you’ll be in touch right after you start the new job, if your boss really cares. I’m sorry to focus on the worst case, but you don’t want to get torpedoed before you start your new job. The odds of something bad happening are probably small, but the consequences can be enormous. My advice is, don’t chance it.

Again, congratulations. Take it one step at a time until the new deal is solid and safe. I wish you the best.

Have you ever resigned, only to have your new job offer rescinded? Has a resignation ever gone awry? What’s your policy about the nuts and bolts of transition when leaving a job?

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