Anyone been in a situation where you know you’re getting laid off and you resign first? Is there any chance the firm does not accept your resignation and decides to lay you off instead?
I’m debating how late to push my resignation to maximize my income, but don’t want to be laid off first bc the company that hired me could see that in my background check.
Any and all advice/former experiences welcome.

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You get severance package with laid off though.

likesmart

Thanks for the thoughtful reply, BCG1. Helpful to consider these points.

And everyone is getting laid off, nobody is going to care if it shows up on your background check.

likehelpful

I understand your concern but you’re being a bit paranoid here. Employers don’t care if you were let go. They’re looking for for-cause firing instances (misconduct, etc.). If you’re laid off based on performance, an employment background check will just show that your employment ended at that time. Nothing more.

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They will take your resignation over laying you off because then they don’t have to worry about the unemployment claim or severance from a layoff.

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That would be a silly decision. Take the free money and run....to the next job you’ve got lined up.

likefunny

I dont think your hiring company will know that your were laid off. If you are planning to resign, and you know for sure you will be laid off, I say wait and collect the severance.

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Get laid off. Get your money!

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Then there are no benefits, besides unemployment, to being laid off in your case vs resigning.

Covid as caused many job layoffs so future employers will understand and the smart thing is to get some money

Yea op don’t do that, it would extremely foolish

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To avoid litigation, companies do not provide a reason for your departure. They just say you are not with the firm anymore. No need to resign.

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These replies are all so contrary to the advice I got from a labor lawyer (works for the white collar side). He said if severance wasn’t on the table, it’s a no brainer to take the reigns and resign before they can fire me.
I’m more confused bc of all the posts I’m reading here..

Laid off is different than fires for cause I’d take the layoff. But when you get the HR invite bring in your resignation letter if you’re worries about optics.

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I mean... if you got laid off at a time like this, I doubt a company would think twice considering millions have been laid off across all jobs.

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Hang in there - I have been in a similar situation, knew the company wasn’t a good fit after a year. I started looking actively and eventually did get laid off. I was employed 2 weeks after. looking back it was the best thing to happen to my career. At the time I felt like I failed but the company I was at wasn’t a good fit long term any ways.

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Best part was that I got 4 weeks severance and started working after 2. I even told my new employer in the interview I had been laid off and they didn’t care.

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Let me add- it’s quite possible I qualify for zero severance, so that’s not a consideration. And I would be able to say I’ve never been laid off in future interviews.

PwC1 beat me to the punch. Never being laid off isn’t an indicator of performance or anything worth striving for. Never being fired, maybe, but that also doesn’t often matter as long as it wasn’t ethics related.

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When you say you’re being laid off for performance reasons, are you thinking you’ll be fired? If you’re already sure it sounds like you may be on a PIP or something.

It was really difficult at the time but absolutely pushed me in a positive direction! I believe I’m in a much better position now than I would have been had I stayed at that place. Good luck to you!

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Is the anxiety overpowering? If so, just quit. It’s just a job and some money. Your health is more important!

I like this- no one has considered that piece of it! I’m not leaving more than 1-3 weeks of possible income on the table, and I can relax and breathe for a second before I start the new job.. thanks for the comment, C1 :)

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Are you being laid off or fired? Those are two different things with different connotations to future employers.

That’s a lay off or counselled out. Not fired

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How would they know about the lay-off? Where would it show up?

A former employer telling a prospective employer that you were fired / anything about poor performance would make it difficult for you to find a new job, obviously. I don’t know the law, but I do know organizations have been sued for this in the past and from multiple organizations’ HR I’ve heard all the former employers can say to people who inquire about your employment is the dates you worked there, not why you left or how you performed. If you give someone’s name as a reference though, that’s a different story.

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