People separate from their jobs for many reasons. Generally, an employment termination can be voluntary or involuntary. Voluntary termination generally means that the employee resigns from their job. It is different from involuntary termination, which refers to the forced resignation situation where the employee is fired or let go from their position.
Voluntary termination can happen for a variety of reasons, such as pursuing other opportunities or finding that the current job is not a good fit. Regardless of the reason, voluntary termination should always be handled in a professional and respectful manner.
Involuntary termination can also happen for a variety of reasons, such as poor job performance, misconduct, or company downsizing. If you’re facing involuntary termination, it’s important to know your rights and what steps you can take to protect yourself.
Here are common types of voluntary employment termination:
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1. Resignation
This is when an employee hands in a written notice to their employer stating that they are quitting. The most common reason for resigning is that the employee has found a new job. However, there are other reasons people might choose to resign, such as being unhappy with the company, wanting to take a break from work, or having personal problems.
Resignation is termination with notice: This is when an employee gives their employer a set amount of time (usually 2-4 weeks) to find a replacement before quitting. This type of termination is often used when the employee has been with the company for a long time and wants to leave on good terms.
2. Job Abandonment
Job abandonment occurs when the employee stops coming to work without giving notice. This can be a problem for the employer, as they may not have enough time to find a replacement. It can also be difficult to determine whether or not the employee quit or was fired.
Job abandonment is a termination without notice: This is when an employee quits abruptly, without giving their employer any warning. This type of termination can be risky, as the employee might not have time to properly wrap up their work or find a new job.
3. Retirement
Retirement is when an employee decides to stop working altogether, usually after reaching a certain age. Some people might choose to retire sooner if they have enough saved up money to live comfortably.
Here are common types of involuntary termination:
4. Constructive Dischargement
A constructive discharge happens when an employer makes the work environment so intolerable that the employee has no choice but to quit. This could be due to harassment, discrimination, or a hostile work environment.
5. Firing
This is when an employer dismisses an employee for no specific reason. It can be for a variety of reasons, such as poor performance, misconduct, or simply being let go due to downsizing.
6. Layoff
This is when an employer lays off a group of employees, usually because the company is not doing well financially or because they need to make cuts. Laid-off employees might receive severance pay, depending on their contract.
7. Closing a Business
When a company closes down, all of its employees are terminated. This can be due to a number of reasons, such as the company going bankrupt or being bought out by another company.
8. Termination for Cause
This is when an employee is fired because they have done something wrong, such as violating company policy or committing a crime.
No matter what the reason for termination, it can be a difficult experience for the employee. It’s important to know your rights and consult an attorney if you feel you have been wrongfully terminated.
9. Termination by Mutual Agreement
Sometimes, an employer and employee might decide to terminate the employment relationship by mutual agreement. This could be because the company is downsizing or at the end of the contract. Termination by mutual agreement only means both agree to end the contract, it does not mean they are happy about the separation.
10. End of an Employment Contract
An employment contract can be terminated when it expires, without either party needing to give notice. This happens most often with temporary or fixed-term contracts. When the contract expires, both the employer and employee are free to go their separate ways.
11. Termination With Prejudice
Termination with prejudice is the harshest type of termination, and it happens when an employee is fired for a reason that is related to their race, religion, gender, or other protected characteristics. This type of termination is illegal, and the employee can often file a lawsuit against their former employer.
12. Termination Without Prejudice
Termination without prejudice happens when an employee is fired for a reason that is not related to their race, religion, gender, or other protected characteristic. This type of termination is legal, and the employee does not have any legal recourse.
Final Thought
As you can see, there are many different types of employment termination. It’s important to understand the differences between them so that you know what to expect if it happens to you. If you have any questions, be sure to speak with an employment lawyer.