We often get inquiries from employees whose employers have given them a choice: either agree to be placed on a Corrective Action Plan or Performance Improvement Plan; or agree to resign and get a severance.
The choice you choose has legal implications and impacts for your ability to negotiate a severance package.
Resigning means you are quitting. Generally, when you quit your employment, you are ineligible for unemployment benefits. Resigning can impact a legal claim against your employer and the success of that claim. Most employment laws require the employer to terminate your employment before you can bring a legal case for things like discrimination, harassment, and retaliation. Agreeing to resign can also impact your ability to negotiate a severance package. Often when your employer gives you this “choice” they do not tell you the details of the severance package until after you already said you would resign.
Choosing to stay and be placed on a Performance Improvement Plan or Corrective Action Plan means you are under greater scrutiny. We understand how this impacts you emotionally and can make it more difficult to perform your job responsibilities to the best of your ability.
If you find yourself in this situation, contact us at 612-278-9832 or [email protected] We over 30 years of experience advising employees on their options and proactively helping employees navigate separations from their employers.