How to quit your job in Pennsylvania or New Jersey

Want to quit your job? Yeah, you’re not alone.

Currently, the U.S. is in a stage dubbed, “The Great Resignation.” In January, more than 4 million Americans quit their jobs — almost a million more people than who quit than a year earlier — and the number of quitters has stayed consistently above historical averages.

From a global pandemic that caused employers to drastically restructure how work is done and added mental health pressure on everyone, and many workers being simply fed up with working conditions, there are many in the U.S. trying to figure out the best way to leave their jobs. And that’s understandable.

But if you want to quit, what do you need to know? If you’re changing jobs or just leaving your current one, this is what to keep in mind when quitting in Philadelphia or Pennsylvania to have a smooth transition.

There aren’t laws on the books specifically about quitting your job, however, there are local, state (in PA and NJ) and federal laws that protect you when you are quitting, like laws against wage theft and benefits like unemployment compensation.

And there are best practices and legal ramifications you should keep in mind.

You do not have to give notice to your employer when you quit, unless you signed an employment contract, are a member of a union, or your employee manual explicitly states that you must give prior notice.

Most states in the U.S., including Pennsylvania and New Jersey, are “at-will” employment states. This means that you can quit at any time unless your employment contract says otherwise. (Your employer can also fire you for any reason or no reason at all, at any time.)

Make sure you put your resignation in writing. You can also tell your boss in-person or face-to-face, but you don’t have to. But make sure there is a document that outlines your resignation, if needed.

It’s pretty standard to give your employer at least two weeks notice when you quit. However, if you want to leave on the best , you can give your boss even more notice to give them time to find a replacement.

There are other reasons why giving some notice can be a good idea, according to Sharon Dietrich, managing attorney of Community Legal Services’ employment unit. “There could be a lot of things impacted if you don’t give notice,” she said. “If you’re one of the rare people who has an employment contract with your employer that may require written notice, you could run into problems with your unemployment benefits.

“ Generally, best practice would be to give notice,” Dietrich said.

You should get your final paycheck on the next scheduled payday after you quit, according to PA and NJ state law — unless your employment contract explicitly states when you will get your final paycheck. Ask your employer when you will receive your final paycheck during or after you quit.

If your employer doesn’t pay you, that’s called wage theft and you can report it.

A severance package is pay or benefits you get after your job ends with a company. Some severance packages include continued health care benefits for a limited time, positive references for future employment opportunities, or an agreement that your employer will not challenge your application for unemployment benefits. Companies that offer severance packages usually outline the policy in the employee handbook or your employment contract.

Severance pay is rarely given when you quit. It’s usually given to employees who are laid off or furloughed.

When you quit your job, you’re also quitting the company health plan.

If you already have a new job with health benefits, then you don’t need to worry too much. However, if you aren’t starting a new job immediately, you may be uninsured for a period of time.

To stay insured, you have a few options:

If you’re expecting to be uninsured for a period of time, your first step should be to look for coverage on your state’s official health and dental marketplace. State-based healthcare marketplaces are a way to find affordable health insurance.

Your state’s health insurance marketplace may also have subsidies and other financial assistance.

To start a new health insurance plan, you usually need to apply during “open enrollment periods”. But, if you quit or are fired, you qualify for a “special enrollment period.” You have 60 days from the time you leave your job to qualify for a special enrollment period and get new insurance.

To apply through your state’s health insurance marketplace:

You may also be eligible for free or low-cost coverage from Medicaid or the Children’s Health Insurance Program (CHIP). Check if you’re eligible and apply here:

The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a law that allows you to continue receiving the same health insurance coverage (for a limited period of time) after you quit, get laid off, or reduced your work hours.

You’re eligible for COBRA if you worked for a private company or state or local government employer with 20 or more employees and were on the company healthcare plan. (If you were a federal employee, you do not qualify, you qualify for Temporary Continuation of Coverage, which is similar to COBRA.) If you were fired for gross misconduct or you’re covered by another plan elsewhere, you do not qualify for COBRA.

According to Dietrich, many people look to COBRA to continue their health insurance coverage because they receive notices or have heard of it before, however, it’s often the worst option.

“In reality, for most people, COBRA is not a viable option — nor the best option — because the cost is so immensely high,” said Dietrich. “A potentially cheaper option is to get health insurance through the state marketplace because there’s a good chance you’ll get a subsidy, and it will be cheaper, and sometimes even insurance is better.”

COBRA is a safety net, not a permanent solution. You only get to continue your same health insurance coverage for 18 months, however extensions are possible.

And your monthly health insurance costs will significantly increase. The COBRA program essentially allows you to keep your existing healthcare coverage and costs at “group rates,” which can be cheaper than individual health insurance. However, since your employer no longer contributes to your health insurance coverage after you left the job, you have to pay your costs and your employer’s cost. There’s also a 2% administration fee.

To enroll in COBRA:

If you don’t have a job lined up after you quit, you may be a little strapped for cash.

Unemployment compensation is available if you who don’t have a job, but are looking for one. If you are eligible, you can receive money for a limited period of time to help cover your expenses while you look for a new job.

You can get unemployment after you quit. But to qualify, you have to be able to prove to the Department of Labor that you needed to quit, according to Dietrich. Unemployment is for people who lost their job through no fault of their own, and quitting can be seen as a voluntary decision, so you have to prove that you quit your job with “good cause.”

“There’s a fairly limited list of reasons why you can quit and get unemployment benefits,” said Dietrich. “The law actually requires you to discuss these issues with your employer before you quit, so that your employer has an opportunity if they can, to rectify the situation to allow you to keep working. If you do not communicate with your employer, that will be a basis for your unemployment to be denied.”

Talk to your employer about workplace issues before quitting. Also, make sure to document these conversations and anything else that can to help you prove your unemployment claim.

To prove you quit your job with good cause in Pennsylvania, you must have quit your job for one of the following reasons:

To apply:

PA’s Department of Labor provides additional video resources on how to apply for unemployment at tinyurl.com/PAUnemploymentVideos.