Q: termination vs resignation - what can the background check reveal?
i am looking for a different job in the financial industry and i am suspecting that my employer somehow found out (i am now excluded from meetings, less responsibilities, i get funny looks, etc) and is looking to terminate me. Should i resign or wait to be terminated and what would a prospective employer be legally able to find out from my prior employer during a background check ? (ie will they be able to find out i was terminated or will they only find out about dates of employment and title i had)
thank you
A:
Don't try to get fired but don't quit.
Positives of being fired. You should receive unemployment unless you quit or tried to get fired (did something you should have known would get you fired). You will not be a quitter. You will be able to say I wanted to stay but it was not a good fit.
If you quit what will you say with no job lined up? Employers usually say employee earned x figures, worked these dates, and held x position. If they say more and you lose $ and prove what they said was false you might have a lawsuit against them.
Get a new job while employed without telling anyone unless you have to.
Barry E. Janay agrees with this answer
A: You're almost always better off legally getting fired than quitting for the reasons the other attorney mentioned below. That said, when working out a severance (which you can get if you're fired, but not likely to get anything if you resign) have them include a referral letter and a non-disparagement provision. Any decent employment lawyer can assist you with that, if you want I'd be happy to assist.
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