Actual Case History: Claudia was all the time near the top of her class, in high school, in college, and in enterprise school. And so it was in her hotel commerce career: within eight years of her joining the world's second largest hotel enterprise as a administration trainee she rose to its corporate headquarters, as its Senior Vice President of Sourcing. As all the time before, she was once again "near the top."
From Claudia's perspective, promotions were never a problem. Time and again her hard work and solid prestige for near-total devotion preceded her. She didn't seek promotions; they seemed to seek her. When she was contacted by an administrative recruiter about a position as Chief Operating Officer of a direct competitor, Claudia took it in stride. It seemed like one more validation of what her parents had all the time taught her: hard work will recompense itself. After consulting with her husband, she decided to aggressively seek the position.
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Claudia's eight interviews over four days went highly well. She got along especially well with the company's new Ceo, for whom she'd be working. She was presented an offer that nearly doubled her gift compensation, and the occasion - for the first time in her life - for important financial security. She soon accepted. Human Resources was then assigned the task of making ready her employment contract, and Claudia hired legal counsel to report its terms.
Resigning From Your Job - The 21 indispensable Precautions
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Claudia had never been in this situation before: she'd never left a enterprise since enterprise school. She decided to deal with all aspects of the relinquishment process herself, relying on her important tasteless sense and habitancy skills. She composed a overwhelming relinquishment letter, and distributed it to her direct boss and her closest colleagues. In her relinquishment letter, she explained to her colleagues how much they meant to her, but given her new title and assignment, how strongly this new occasion beckoned. She offered to do anyone was important to make the transition a level one. Unfortunately, it was anyone but smooth.
The first "dark clouds" appeared the very next morning, when Claudia arrived, with Starbucks cup in hand, and turned on her computer. It was frozen; apparently her password had been changed. Her first call, to the information Technology Dept., was referred to Human Resources. She was asked to come to Hr for a brief meeting. When Claudia arrived, she saw four habitancy in the argument room: the Hr Director, her boss, his boss, and the company's normal Counsel. The conversation was brief, led by the company's Hr Director.
Claudia was advised that her departure was not viewed in a sure manner, especially her going to a direct competitor. There was concern that Claudia would use her knowledge of the company's sourcing strategies and methods - especially its new plans to build their own factories in Asia - for her new employer's benefit, maybe even recommend they do the same. That exact scenario was recommend by some of what Claudia mentioned in her relinquishment letter. She was also asked if the days she'd taken days off as sick days during the past few weeks which were, in fact, used for interviewing; in fact, they had.
The clouds only grew "darker" when Claudia spoke to her attorneys. Their report of the proposed contract offered by her new boss indicated some important problems, some highly problematic. The position wasn't all she'd been led to believe. The requirement that she spend practically half of her time in Asia was a complete surprise. The one-year term of employment and two-year non-compete requirement were both unacceptable. Finally, there was a requirement that, if she ever left, if Claudia didn't give at least 90 days notice, she would have to pay back her last year's bonus, generally called a "clawback."
Two weeks later, when Claudia was served with legal papers by her then-former employer, alleging she'd shared trade secrets and committed fraud with regard to her sick days, she knew this was beyond doubt not going to be the best lesson in her work story. In fact, it was slight short of a nightmare. How could it all have gone so wrong?
Lesson To Learn: Ending an employment relation in the right way is far more complex than most habitancy believe. Resigning from a job, and transitioning to another, is deceptively complex, as the process is just loaded with potentially serious risks. If not handled with caution and care, resigning from your job can be highly costly. There are, though, identifiable precautions that you can take to eliminate, or at least minimize, your risks in resigning.
What You Can Do: Over the years, we've identified 21 precautions you should take - or at least reconsider taking - to eliminate, or at least minimize, risks in resigning form your job. Here's our list.
A. Before You Give Notice
1. Must You Give Notice?: By "notice," we mean "notification that your last day of employment will be in a certain, specified amount of days, weeks or months." No law requires consideration of resignation, although sometimes it is legally required, for example if you've signed a contract that requires you to give notice.
The purpose of giving enlarge consideration of relinquishment is to give your boss the occasion and time to arrange transition of your duties, and for you to cooperate in that process. It also provides you with an occasion to do what you can not to "burn bridges" of any kind - with colleagues, clients or your employer. Giving enlarge consideration is generally in your interests, and in your employer's interests, as well, as a matter of mutual professionalism, and as a way to keep good feelings post-employment relation. It's determined poor form not to give notice.
On the other hand, giving consideration may not be in your interests if you are sure that you will be harmed by doing so; as an example, employers of some of our clients have reacted to receiving consideration by trying to sabotage the employee's next job. If it's beyond doubt important to start a new job, or to attend to personal matters before starting a new job, or if you feel reprisals may take place, it's not beyond doubt important to give enlarge notice. Don't forget: that these days many employers don't give any consideration at all when terminating individuals; sometimes done employees are even immediately marched out the door, at times accompanied by guards.
2. Are You sure You beyond doubt Want to Leave?: perhaps the most fundamental precautions to take in resigning from your job are these two questions: first, why are you leaving? And second, are you sure you beyond doubt want to leave? At times, discontentment and disillusionment can blind us to the very huge blessings and opportunities we enjoy. At other times, the grass on the other side of the street seems far greener than it beyond doubt is.
Perhaps the worst mistake is leaving a job because you've done that you will never receive rewards, promotions or other objectives when, in fact, you've never clearly or resolutely requested those very same rewards, promotions or other objectives. Too many habitancy forget that "If you don't ask, you won't get." You may say to yourself, "I'm sure they know I'm unhappy, and why I'm unhappy," or "I shouldn't even have to ask for this," but you must not forget to reconsider your boss's point of view for a moment: he or she is probably preoccupied with 1,000 other things that your discontentment and its causes may not be nearly so sure to him or her as you think.
3. Are You Sure You're "Free" to Leave?: There are a surprising amount of reasons you may not be "free" to leave your employment These include: (a) employment contracts you may have entered into with a defined "term" of employment; (b) holding agreements you may have signed by which you were paid a sum of money to stay for a period of time after, commonly, a merger of companies; (c) so-called "garden-leave" agreements you may have signed by which you agreed to give a sure amount of days, weeks or months of pre-resignation notice; (d) non-compete agreements (and connected restrictive covenants) you may have signed that limit where you can work in the future; (e) immigration law requirements that permit you to work in a country only so long as you are working for a sure employer; (f) agreements you may have signed that need you to pay back to your boss monies it gave to you in the past if you don't work for a sure period of time, such as (i) instruction grants, (ii) relocation payments, (iii) even sure bonus awards; (g) loans that you may owe your boss that need immediate reimbursement upon resignation; (h) so-called "golden handcuffs" that entail loss of unvested options, restricted stock and other entitlements that have not yet vested; (i) even provisions that you never signed, but exist in an laborer handbook, that say that employees who do not furnish a minimum of, say, two months consideration will be determined fired for "cause," with all of the negative implications that may have for your finances and reputation.
4. Secrecy About Your Intentions Is Essential: There are many reasons to keep you intentions to resign to yourself. Every person has interests, and each person's interests are different. In fact, you can put a friend into a very difficult spot - even a situation harmful to him or her - if you share your intentions. Some people, together with Hr rep's, supervisors and recruiters have a legal enforcement to share such "news" with your employer. Should your intentions somehow get out, it may then become impossible to convert your mind, even if your new job falls through. As Ben Franklin said, "Three can keep a secret, if two of them are dead." And as previous Intel Chairman Andy Grove entitled his book, "Only the paranoid survive."
5. Get Your Next Employment Confirmed First: If there's one pre-resignation precaution you need to remember and follow, it's this one: you don't want to resign and then later find out that your next job hasn't materialized. Nothing could be worse.
While nothing you can do can make 100% sure your next job will become a reality, you can and should do all in your power to make sure there are as few hitches as potential in the process. That's done by determined inquiring about each of the material points of your new job with your time to come boss of Hr, and obtaining from them a written confirmation. Sometimes those will be set forth in an offer letter, or even a contract; most habitancy get neither. Even that shouldn't stop you from making ready a written confirmation of your own, and request you time to come boss for his or her written approval, by email or letter. Any written confirmation should comprise such things as your start date, your title, your responsibilities, your compensation, your benefits, your reporting structure, and the location of your office. However you do it, do all you can to get your hiring confirmed in writing from your new boss before submitting your relinquishment to your gift employer.
6. What You Can - And Can't - Take With You: This one's easy: keep what's yours; leave what's theirs. However, sometimes it's hard to distinguish in the middle of the two. The difficulties regularly arise with (a) lists of information, such as your personal rolodex; employers often view these as their confidential information, trade secrets, or customer list; (b) copies of documents, such as the best investigate description you wrote two years ago that you'd like to keep as a writing sample; employers often view these as their rights property; and (c) smaller pieces of equipment, such as cell phones, Blackberry's, pagers, laptops and the like. As a normal rule, if there is a dispute over who owns equipment, surrender it after taking personal information off it. If there's a dispute over who owns information or documents, give it to your boss but keep a copy. One extra precaution: especially if you believe you may end up being sued by your previous boss for any reason, if your home computer has any company-related files on it for any reason, you would be well-advised to replace the its hard drive, and install onto the new hard drive only personal information. This way, you can't be accused of retaining or sharing enterprise information in the future.
7. Strategic Timing of Your Departure: Timing is a big part of resigning. The foremost message here: don't fail to take into catalogue foremost upcoming dates of all kinds. These comprise (a) the date on which your bonus will be paid; (b) vesting of stock options, restricted stock, and the like; (c) your hire-date anniversary, that may influence time to come pension credits; (c) 401k gift dates; (e) end-dates of gift guarnatee coverages, and start-dates of time to come guarnatee coverages, to ensure no gaps in between; (f) scheduled pay raises, for final wage may impact pension and other long-term payment calculations; (g) long-term relinquishment and condition plan "rules" of 65, 75 and the like, that are based on age and years of service.
8. reconsider Having an Employment Attorney "On Call": In employment matters, it's all the time preferable to keep attorneys - and even mention of attorneys - out of discussions. That being said, knowing your legal rights, and having an attorney ready to act in the event of unforeseeable events, may be a smart idea. You don't want to sense delay if, as examples, you're accused of impropriety, served with legal papers, or publicly defamed.
B. When You Give Notice
9. Who to Speak With First: As a normal rule, it's permissible procedure to give consideration of relinquishment directly to your immediate supervisor, provided he or she is available; if not available, then to his or her immediate superior. That being, said, if you have a "rabbi," mentor or "godfather" in your organization, and that someone has been especially helpful in the procedure of your career, it may prove wise to furnish that someone with a respectful "heads-up thank you" before giving notice. These sorts of extra enterprise relations need to be treated with the utmost sensitivity.
10. How Much Notice?: The first question is "Have you agreed to give at least some minimum notice?" If so, you should honor that agreement. If not, the permissible consideration period depends on you, your title, and your level of responsibilities. On a clerical level, the most tasteless consideration period is two weeks. For those with greater responsibilities, the improbable level of consideration rises to some four weeks; either there are others who can step in to fulfill your important tasks may dictate even greater notice. It's not unheard of for senior executives with unique talents and relations to give 60 to 90 days notice. [Bear in mind the dictates of strategic timing, laid out in Precaution 7, above.]
11. What to Say, and How to Say It: You should give your relinquishment in person, with an immediate follow-up letter. In both your in-person, oral resignation, and in your follow-up relinquishment letter, three things are essential: First, "I've decided to resign." Second, "My last day with the enterprise will be.[a sure date.] Third, "Thank you for the occasion to work with you." Any more than that can only hurt you. You should specifically avoid negativity, your reasons for leaving, and the identity of your next employer. You should avoid responding to emotional pleas. Instead, you should be clear, dispassionate and resolute. This 1 - 2 - 3 coming is, without a doubt, the most effective and least risky way to submit your oral resignation.
12. Keep Your Emotions in Check: Leaving a job entails ending some close and foremost relations at once. It can be an emotional time, with both good and bad emotions rising to the surface. You should do all you can to keep those emotions, of every kind, below the surface. It all the time helps to do all you can to cut stress and anxiety at a time like this by extra measures of, among other things, exercise, prayer, yoga, meditation and other non-harmful practices. Likewise, this is a good time to stay clear of relations or situations that regularly induce anxiety.
13. Be ready for a Counter-Offer to Stay: Counter-offers, and acceptance of counter-offers, are becoming more and more common. In fact, some clients seek employment opportunities elsewhere merely to provoke a counter-offer from their gift employer. We recommend our clients to treat counter-offers with consummate suspicion because "If they didn't appreciate you before you got an additional one job, are you sure they'll truly appreciate you after that prospective job is no longer ready to you?"
If you're considering accepting a counter-offer, there are three important points to insist upon: (a) that it must be settled into a written, signed agreement, (b) that it be completed and signed in just a few days, to ensure that it does not merely "spoil" your new job possibility, and (c) that it clearly state that the promised promotion, raise, bonus or other reward, be given to you "guaranteed, in all events, and to last no less than one full year." Otherwise, you may be promoted for one day and then fired, or promised a bonus next year, but fired next week.
14. Be Prepared, As Well, to Be Shown the Door: It's also potential that, upon your giving consideration of resignation, you may be fired "on the spot." What's the likelihood? You can generally tell by how your boss has acted in the past. It all the time pays to be ready to be shown the door. Besides the other precautions noted above, it's all the time wise to quietly take off personal information from your office computer, take home copies of non-secret "portfolio" materials, and quietly make an catalogue of purely personal items - pictures and the like - in your office, for later removal.
C. After You Give Notice
15. Visiting Hr for the "Exit Interview": Over the past few years, a new office "ritual" has become commonplace, in which Hr inquiries and issues are answered, completed and resolved. At least those are the espoused purposes of "exit interviews." In most companies, participation is not mandatory; if your enterprise claims it is mandatory for you, you might ask what the "penalty(s)" may be for refusal.
For your purposes, bring a pad, and ask all questions you may have, including: (a) Who should I sense in the time to come if I have questions?; (b) Can I have a copy of my Hr file?; (c) How do I arrange for continuation of varied guarnatee policies?; (d) When returning keys, cell phones, Id cards and the like, do I get a receipt?; (e) Will I get paid accrued but unused vacation, personal and sick days; if so, how many?; and (f) How long do I have to submit receipts for unpaid enterprise and/or curative expenses?
Hr may have its own objectives to be fulfilled in an "exit interview," about which you must be cautious. They include: (a) getting you to sign things you should not sign, such as releases; (b) request why you are leaving, which is not their business; (c) reminding you of your confidentiality (and perhaps non-compete) obligations; (d) request you where you'll be working, which is not their business, and (e) giving you your federal C.O.B.R.A. Insurance-continuation forms.
In your exit interview, please don't ever reconsider doing these four things: (1) believe your Hr rep is your friend;
2) sign anyone other than a receipt for forms given to you; (3) criticize previous colleagues or bosses; or (4) discuss your time to come plans.
16. Consider Committee and Board Memberships: Your job may entail your participation on internal committees and task forces, as well as external trade groups and associations. Though it is often automatic, reconsider how best to resign from each internal group, development sure not to burn bridges in doing so. If you've acted as your employer's representative on external boards and the like, your relinquishment from your gift job may not need your complete relinquishment fro the trade group or association, but merely a re-designation as an at-large member. Don't speculate you need to resign from such trade groups upon resignation, as they may prove invaluable to you in time to come employment.
Incidentally, all the time inquir about either your aid on boards and committees entitles you to prolonged protection of guarnatee coverages, together with "directors and officers" ("D&O") policies, and "errors and omissions" ("E&O") policies. If you believe fiduciary obligations may leave you open to time to come lawsuits, request written assurances of persisting guarnatee and indemnity coverages, as well..
17. Trade Secrets and Later competitive With Your Employer: There are two kinds of restrictions that may continue to influence you after you leave your employer: (a) those the law places on you, and (b) those only you can place on yourself by signing an bargain to do so. The first type - the kind the law places on you - is aimed mostly at not permitting you to steal things from your employer, together with important "trade secrets," which are defined as "information, industrialized through attempt and expense, and kept secret, that gives your boss a enterprise advantage." Examples comprise chemical formulas, customer lists and marketing plans. These are protected by the law; you can go to jail for taking them with you.
The latter type - restrictions you've agreed to - comprise the tasteless "non-competition" bargain and their "cousins." If you haven't signed one of these, either as a detach bargain or as part of an bargain to accept employment, stock options, a bonus, or some other reward, you can regularly speculate you'll be free of time to come restrictions.
As a normal rule, unless you (a) steal secrets or other important property, or (b) violate the terms of a written bargain to restrict your time to come activities, you are entirely free to later compete with your employer, consistent with our free enterprise system.
18. Remember: A relinquishment is Not a Release: It's foremost to bear in mind that resigning from your job entails only one thing: ending the relation; resigning has no direct supervene on moneys owed you, or other claims you may have against your employer. By resigning from your job you are not releasing your boss from any obligations your boss may still have to you, of any kind, either they are with regard to pension calculations, raises promised but denied, illegal harassment or discrimination, or with regard to retaliation against you for "whistle-blowing."
For this reason, This means, first, that you should never sign any publish form or similar document handed to you at your exit interview or sent to you afterwards. Also, be aware that you have more time to make any claims you may have against your employer. For federal "Sarbanes-Oxley retaliation claims, you have 90 days. For discrimination claims, you may have 180 or 310 days, depending on the state you live in. For claims of defamation, you may have up to one year. For claims of negligence or fraud, you may have up to three years. For claims of broken contracts or promises, you may have up to six years. These deadlines vary from state to state and, of course, should be discussed with an attorney.
19. Are You Due Severance? There's a Good Chance: It may seem counter-intuitive, but even those who resign may be due, or be able to collect, severance. First, under sure agreements or benefit plans, and under sure circumstances, you could be entitled to resign and still procure severance. For example, after a corporate merger, many fellowships request that you remain in your job, but entitle you to severance if your duties convert substantively. In this case, you can resign, and procure severance, too. As an additional one example, employees who resign after they have been harassed, discriminated against, or retaliated against for "whistle-blowing" may both resign and procure severance, too. Never speculate you're not entitled to procure severance.
20. References, Recommendations and Departure Statements: Though nearly every enterprise has a procedure against giving out post-employment "references," one of the best things you can do before you resign is to conspiratorially ask superiors, colleagues and even clients if they would serve as time to come references for you. Especially if asked respectfully, chances are they will say "yes." One thing's for sure: you'll have enhanced credibility, leverage and trust in every time to come interview if you can effortlessly yield written testimonials to your dedication, knowledge, abilities and value. We recommend you offer to yield a "draft" for such people, as these days everyone's so busy, and to do so only makes it that much easier for them. Incidentally, we refer these as "departure statements" to counter any recommendation from Hr representatives that they violate corporate policies.
21. When Can You Tell Others of Your Move?: That's a trick question, meant to tell if you're still alert after reading this far. There are two parts to your "move," departure and arrival. with regard to your departure, you're entirely free to tell habitancy you'll be leaving, as soon as you've given your consideration of relinquishment to your superior.
The "arrival" information is a very dissimilar story. While the fact you're leaving can be shared, you should do your utmost not to tell clients and customers where you're going, because this invites potentially severe legal troubles. Why? That's because you could be accused of "soliciting" them to go with you, which would be both a speculate for your enterprise to fire you before you left voluntarily, perhaps suing you for theft of trade secrets or interfering with their enterprise while you're employed by them, as well as a speculate for your "old" boss to sense your "new" boss and insist they not hire you, or face a "poaching" lawsuit. This is essentially a lawsuit in which one enterprise accuses an additional one of "stealing" its employees and clients, illegally. It's a messy thing, something you don't want to be part of, and something you can avoid by holding your silence about where it is you're headed. It's for this speculate "where you're headed" is something to be shared only after "you've arrived there." Once you've left, then soliciting the enterprise of old clients and even previous colleagues to come join you becomes "fair game."
These are not all of the precautions that need by taken by resigning executives, but they are the 21 precautions we view as most necessary. Every person, every assignment, every enterprise and every transition has unique problems. You should try to customize your own precautions to address your employer's facts, history and culture.
Resigning From Your Job - The 21 indispensable Precautions
