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Employment Discrimination Case Killing Mistake #2

Case Killing Mistake #2-Quitting without a Plan

It is so hard to continue to work at a job where one is being treated unfairly. Employees in this situation sometimes reach a point where they decide that quitting is their best option. In my view resigning is neither good nor bad. What makes the difference is whether an employee's resignation is a strategic response versus a mere unplanned emotional reaction. Reactive resignations weaken employment discrimination claims. For example, the longer one perseveres in a discriminatory work environment the greater the potential recovery of certain monetary damages. In contrast, a reactive and unplanned resignation may reduce certain damages that the employee may have otherwise been entitled to receive. Second, an employee who refrains from quitting gives his attorney a greater opportunity to resolve the workplace issue without filing legal action. Once an employee resigns, it is increasingly likely that some form of expensive and time consuming litigation will be necessary to achieve a successful outcome. Finally, resigning too soon can cost in lost potential severance pay. If there is some basis to support the employee's claims an attorney may be able to help negotiate a financial settlement in the form of a severance package. Ultimately, unless one's physical or mental health is in immediate jeopardy, it is best for employees to refrain from resigning absent a plan.