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Good evening everyone! I am leaving a hospital environment that has been toxic for me. I have had counseling, write-ups, suspension, etc.
Anyway, I turned in my letter of resignation today. I am obligated to work there a few more weeks (they ask for a 4 week notice prior to leaving). I turned in my letter of resignation, can they still fire me?? I have to work there a few more weeks. I got my last 'final warning' today. So the next step is termination. Again, I turned in a letter of resignation. Can I still be fired??
Also... I asked my boss to give me a letter of recommendation and to check me off as a 'rehire' on my HR paperwork. You might laugh, but overall, I have been a good employee there. She knows it too. It has been "picky" stuff that she and the charge nurses have found fault with. If I was SO BAD, I think I would have been fired long ago. I was back to work humming today as usual. Anyway, she deferred it to HR saying they handle the 'rehire' info. and the letter of recommendation. HR told me SHE handles it. It would seem to me that SHE, my boss, handles that...NOT HR-- how would HR "know" me?? I think she is trying to keep me there to cover the floor, until she can find another warm body, BUT has no intention of checking me off as a rehire...IF that is the case, I am going to go ahead and leave pronto.... your thoughts... THANKS! :redpinkhe
What nonsense. They can fire you practically whenever they want, and there's no reason not to fire you after you turn in your resignation especially if you give them cause to. Any employer would rather fire employees who are giving them problems then wait for them to work out their notice.
Actually, after someone has resigned, they have terminated the employee/employer relationship. So, technically, assuming nothing else happens, they cannot then be "fired".
The only problem with this, as I have pointed out (read the post) is that you are usually obligated to work out a notice to leave on good terms. If you don't you may end up ineligible for rehire. However, you have still not been fired. And it is still much better to be able to give as "reason for leaving" on an application that you voluntarily resigned!
DeLana
In that case, I think you mean you work in at "at will" state.
In fact, she is right. In a "right to work" state you can be fired for any or no reason at any time.
Of course, it sounds ironic, but it means that you have the "right to work without having to join a union". Never mind that those are the states least likely to even have unions (and most nurses would love to be able to join one)
DeLana
My thought is that they will not be giving you a rehire status, and i wouldn't expect to get the letter of recommendation either. The place does sound toxic, I would be leaving immediately, before they try to find some more bogus reasons to write you up...again. Cut it loose, and move on! A place that plays this many games (with the recommendation/ rehire status/bogus write ups) doesn't deserve a 4 week notice IMO.
My thought is that they will not be giving you a rehire status, and i wouldn't expect to get the letter of recommendation either. The place does sound toxic, I would be leaving immediately, before they try to find some more bogus reasons to write you up...again. Cut it loose, and move on! A place that plays this many games (with the recommendation/ rehire status/bogus write ups) doesn't deserve a 4 week notice IMO.
I fully agree. I once quit a nightmare job (med/tele/PCU with an 8:1 ratio) and gave 2 weeks notice; my manager (who was nice) informed me that unless I worked 4 more weeks, I wouldn't be eligible for rehire. Well - I stuck to my 2 weeks notice and worked one of those At this point, I didn't care if I would never work for that place again (I already had a new job). This was a long time ago (11 years) and I seriously doubt that I could not get hired in that same facility today.
OP, you have to decide what's best for you regarding working after your resignation (knowing the situation). But you did the right thing by resigning!
All the best,
DeLana
I had a friend once who was treated unfairly where she worked,( in LTC) (--very long sory) she put her one month notice in and the next day the administrator called her and said "we except you resignation, EFFECTIVE IMMEDIATELY," and gave her no explanation. What she figured was -becase she was somewhat upset with the place, she would have a month to have a negitive attitude about the place, ect.. and maybe that would rub off on other employees, I don't think she would of, I think she would of kept it professional, but I guess they didn't think so. I always wondered if she could of filed for umemployement insurance for one month, but she never tried. I guesss this is another way of looking at the "getting fired after you resign" issue, and why they might do this.
OP-- Good Luck to you!! keep us posted !
In fact, she is right. In a "right to work" state you can be fired for any or no reason at any time.Of course, it sounds ironic, but it means that you have the "right to work without having to join a union". Never mind that those are the states least likely to even have unions (and most nurses would love to be able to join one)
If you would love to join a union, then join one. Nothing can stop you.
Everyone works in right-to-work states, since that only applies to forcing union memberships. In "at-will" states, however, employers may fire fairly whimsically, and employees may leave their employers in the same way. However, in at-will states both employers tend to forget (and employees don't know) that some termination practices remain discriminatory and illegal, or can come back to them in civil actions. The "we don't need a reason to fire you" mantra is often misused as a coercive or punitive measure, and "at-will" firings secondary to unsubstantiated charges are contestable.
At my last job, My supervisor had it in for me and would have done ANYTHING to make sure I was never eligible for rehire. My solution? I made three copies of my letter of resignation and gave one to the director of HR and the other to the scheduling coordinator and completely bypassed my supervisor. I kept the third copy with the date and time I gave each copy to said personnel and their responses. I also consulted a lawyer, just in case. Thankfully it never came to that, because while the scheduling coordinator "lost" my letter of resignation, the HR director kept a copy and put it in my file. I am eligible for rehire at that SNF as well as any other SNF in their company.The reason why I did that? I learned the hard way when I was working as a CNA that people "lose" things and management can be as resentful and retaliatory as teenagers (not all management, you know the whole bad apple spoils the bunch clause). I had resigned and given my 2 weeks notice to the DON at the time. I didn't keep a copy for myself and didn't give a copy to HR. I thought everything was cool when I finished my last day. I got a call the next day asking why I never showed up for my scheduled shift. The next day when the director of HR called me for my exit interview, I told her that I gave my letter of resignation 2 weeks ago. She wasn't pleased as this DON had a reputation for doing just this (blacklisting employees who chose to leave so they aren't eligible for rehire). I don't know if I am ever eligible to return, but I learned my lesson.
You have learned and put into practice the same safeguards I learned the hard way. Good for you for being so protective of your employment situation. The employee has to learn how to protect themselves against the employer that will treat them unethically.
Actually, after someone has resigned, they have terminated the employee/employer relationship. So, technically, assuming nothing else happens, they cannot then be "fired".
When you tender your resignation, you are handing over a deal to the employer stating that you will work the terms of the notice as written. It specifies intent to sever the relationship, but the relationship stands until the terms of the notice end. However, that only applies if your employer accepts it.
Your employer does not have to accept your terms and can fire you on the spot, citing your express intent to leave as the reason for termination. Also, your employer may want to change the terms before accepting. And after accepting the terms, if the employee fails to live up to them or violates employer or professional policies/protocols during the interval, the employee can be fired (the employer terminates the relationship immediately) for cause.
And of course there are the employers who will tear up your resignation as though it had never existed if you decide you don't want to leave after all. I suspect those employers are becoming few and far between nowadays.
Yep, they will treat you like dirt the last few weeks and then be all lovey-dovey on your final day; glad that you will be gone. I would leave now and consider that you will not receive a good recommendation from HR. Don't forget to apply for unemployment asap; and the fact that you left before being fired will get you the unemployment.
Meriwhen, ASN, BSN, MSN, RN
4 Articles; 7,907 Posts
If you're in an employment-at-will state, I suppose they can fire you. I think what they'd probably do instead of firing you is call you out (off?) as much as they can during your notice. That way they don't have to pay you whenever you're not working shifts, but they haven't fired you and so they don't risk your trying to claim unemployment.
Honestly, I wouldn't expect either a Rehire status or warm fuzzy recommendations from this place. Just move on, take the lessons you learned from this job and grow from them. Best of luck.