Record numbers of Americans have quit their jobs in recent months. Millions more may be preparing to follow them to the exits. One survey found that around a third of workers wanted to make a career change.
But one of the things I learned as a lawyer and as a professor specializing in employment law is that timing and preparation matter when it comes to quitting a job. So even if you have another job lined up, it’s worth considering a few factors that might influence whether you quit now or stay in your current role for longer.
No unemployment insurance. In general, workers who quit are not eligible for unemployment insurance, which is reserved for those who lost their job through no fault of their own, generally as a result of a layoff.
Two weeks’ notice not required. Employers often request that workers provide two weeks’ notice before they quit, but your employer cannot force you to stay in a job. Almost all employment relationships in the U.S. are terminable at will, meaning the employee can be terminated – or can quit – at any time.
Check your vacation balance. If you are eligible for vacation or paid time off, it’s worth checking your vacation balance, as well as your company’s policy regarding vacation payout for workers who quit. Some state laws require companies to pay out the vacation balance as part of a final paycheck. Other states allow companies to refuse to pay out.
Consider your need for leave. If you expect to need family or medical leave to take care of a newborn baby, recover from a health condition or care for a sick family member, now may not be the best time to quit.
Although state law varies, you’ll be eligible to take unpaid leave under the federal Family and Medical Leave Act only if you have worked for a company for more than a year. The law applies only to companies with more than 50 employees and workers who have logged at least 1,250 hours at the company in the past 12 months.
Health care: Plan ahead. Quitting a job also means losing health coverage received through your employment. Your termination paperwork should explain how long you will remain covered under the current plan. If you have a new job lined up, you’ll want to ask when you can expect to be covered under the new plan. For any gaps, you can opt to continue under your old employer’s plan through a law called COBRA, but you’ll have to pay the full premium. You may want to look at the Affordable Care Act health care exchange.
Consider any bonuses on the line. If you are lucky enough to be eligible for a bonus, you’ll want to check its terms and conditions.
It’s not unusual for companies to require workers to be employed on the date the bonus is paid to be eligible to receive the payment. If you happen to quit the week before, you may be out of luck.
If you expect to receive a big bonus this year, you may want to stick around until that bonus check is in your bank account.
The final paycheck: Know your rights. State laws will generally impose rules requiring your employer to pay your final paycheck within a certain period. If you’re owed sales commission, there may be separate rules on when that needs to be paid.
State rules also prohibit your employer from making deductions from your paycheck without your permission – such as deductions for equipment or to recoup a signing bonus or relocation expenses.
Do not take anything from the office (without permission). If your job involved working on a laptop or in an office, it might be tempting to download files for future reference. Don’t.
That’s a great way to trigger an expensive lawsuit over whether you have stolen trade secrets. And yes, they will be able to tell that you plugged a thumb drive into the machine.
If you just need to download some personal files or a work sample for your future career, get permission.
Elizabeth C. Tippett is an associate professor of law at the University of Oregon. Distributed by The Associated Press.
