In some cases, employees are facing negative treatment at work. They begin to wonder if they should simply quit their job.
For example, say that you have been experiencing sexual harassment on the job. You mention to a supervisor that you want to report what is happening, and your supervisor warns you that, should you do so, you are simply going to be fired.
This leaves you feeling like you have no options. The company has all of the power. If they are going to allow the treatment to continue and fire you if you report it, it may be tempting to just quit and look for another job. But from the perspective of a wrongful termination case, this can actually undermine your own case.
It can make legal action more difficult
The thing to remember about wrongful termination cases is that your employer needs to “fire you for an illegal reason.” In this instance, it would be retaliation for reporting the harassment that you faced on the job. You are protected against this type of retaliation, as well as the initial sexual harassment, so you would have a very straightforward wrongful termination case if they did fire you.
If you simply quit, you do not force your employer into that position. You may still have options to report the harassment that you were initially facing, but it is no longer a wrongful termination case since you voluntarily left your position. In that sense, you are better off legally reporting the harassment and then waiting to see if they actually fire you, violating your rights a second time.
These cases can certainly be complex, so it can be helpful to work with an experienced attorney.