1. Here’s my understanding of termination
vs. resignation. For case of termination, if I wait for my current employer to terminate me while I’m on paid administrative leave, then I’m eligible to receive unemployment
benefit from my current employer after termination. The downside is, I will have to report to future employers (if asked) that I have been previously terminated which is clearly disadvantageous to my image. On the other end, if I choose to resign now while I’m on paid administrative leave, I will immediately stop getting paid by the current employer that is currently doing the investigation on me. However, in the future, I can always correctly claim that I have resigned from and have NOT been terminated by my former employer. So there is clearly a trade-off here. Is my understanding correct?
2. Based on the above, assuming my understanding is correct, should I immediately resign and accept the new job from this no-compete company? The motivation is, to preserve my image and be able to legally and accurate claim in the future that I have never been terminated previously.
3. If I resign now, then my present employer will NOT be able to terminate me anymore. What is then the likelihood that my present employer will come back to sue me after I start my new job?
4. Given the following situation, if my present employer sues me, what is it that they want to gain from this lawsuit?
• Was he a legal employee while he downloaded the data? Yes.
• Has he submitted a formal resignation letter, in writing? No.
• Has he signed the exit agreement stating he no longer has any work documents in his possession? No.
• Has he verbally revealed his intent to leave his present job? Yes.
• Did he have any malicious intent such as broadcasting or selling the data to competitors? No.
• Did he come from a competitor company? No.
• Is he going to a competitor? No.
• What is the amount of damage this employee has caused the company? None, since the USB stick has been returned to the HR department already.
• Has he been in complete cooperation and compliance since investigation took place? Yes.
5. Since I have cooperated and turned in my USB stick immediately, there is really no damage. Because there is no damage, what motivation does the employer have to pursue a lawsuit against me?
6. Try to pretend you are the employer attempting to sue me in addition to firing, would you do it?