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
Years ago, both my husband and I were "fired" from very different jobs, just for giving our 2 weeks notice. My husband's job took the attitude that anyone who dares to resign is dangerous and might sabotage the place. Whatever!
People "losing" resignation letters is the reason that in this day and age you send your resignation in via your personal home email, not your work email. There are trackers in the email that tell when and where it was sent from. If they say that they did not get it, you can prove then that they did recieve it and when it was sent and recieved.
I was fired once after giving 4 weeks notice. I had 3 twelve hour shifts left. I worked 9 hours of a 12 hour shift when they called me in the office. It was a bogus claim and it was done to set an example to the rest of the staff. They couldn't afford to lose any staff, so, they fired the one who was leaving. I sought legal counsel and soon learned that I worked in a hire and fire at will state.
Good Luck.
BTW, it is generally HR that handles the calls and all they can say is if you are "eligible" for rehire and confirm you dates of employment.
As to when & whether one can collect unemployment--I was once self-employed in a highly seasonal business environment. An unsatisfactory, for many reasons, employee resigned (at last! PTL!), and immediately filed for unemployment benefits. That midwestern state's "Division of Employment Security" 's own published regulations said one could not collect unemployment benefits after a voluntary resignation.
I filed a protest (unemployment benefits paid to an ex-employee raises the unemployment tax rate to the former employer, to pay for the benefits).
The hearing was held during my busiest part of the year, forcing me to close my office for most of one day--loss of several hundred $ revenue (and a couple of clients). The hearing was held some 50 miles distant from my office, even though the Div. of Empl. Security had a field office 10 miles from mine.
At the hearing, the facts were not in dispute. The ex-employee did not allege unfair or discriminatory or illegal treatment, but simply claimed unemployment benefits--by the agency's own published regulations, not permissible.
Guess what? I lost. The ex-employee collected the maximum state unemployment benefits--26 weeks worth, at the time. My unemployment tax rate went way up, for a long time.
At that time, in my--and many others'--experience, the official attitude of the state "Employment Security" dept. was that all employers are dishonest and cheat their employees, and all ex-employees have been treated unfairly and deserve compensation, to be paid for by their former employers.
So, unless the pendulum has swung back the other way by now, do file for unemployment benefits. You have nothing to lose; the worst they can say is "no".
They can fire you for any reason they want, as long as it doesn't qualify as discrimination. As far as them paying for unemployment...doubtful unless your new employment is more than a week away.
Specializes in drug seekers and the incurably insane..
It has happened in my workplace too. We've had nurses give their 4 week notices and a few days later....they are mysteriously taken off of the schedule, therefore, not being permitted to work their notice. Just be careful. It is a very tight job market right now. The powers that be have no qualms about screwing things up right now for others because they can. The DON and HR coordinator have actually brought stacks of filled out job applications to inservices to bully the nursing staff into accepting another policy change. They have no problems with not letting you do the "right thing" and work your notice out, because they have many others' who are all too willing to take your place. Good luck and hope you enjoy your new job!!!
if you would love to join a union, then join one. nothing can stop you.
except for the fact that our local hospitals are not unionized
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.
actually, after some research i learned that almost all states (one exception) are at will states and almost everyone of us can be fired (or quit) without cause or notice (however, some "illegal" - discriminatory - reasons do exist, which would lead to wrongful termination). likewise, an employee who quits is not required to give notice - unless the employer has specified this in a written policy signed and/or acknowledged by the employee. however, even if this is not the case, it's always wise to tread carefully; you may be legal, but still get a reference so bad that you will have difficulty finding another job (it's always best to already have another job when resigning, but this is of course not always possible).
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epona, what have you decided to do? i feel for you (having been in a similar situation before) and wish you the very best.
Thanks everyone! Some EXCELLENT replies here! I can ALWAYS count on you all! I really appreciate it!
I called HR today. They told me that YES, even though I turned in a resignation, since I am still working there, I can be fired. I have gotten a 'final warning' and the next step in termination. SO... if the boss decides to be a jerk and decides to find fault again it's BYE BYE for me.
I am appealing the final warning. I learned that if you have a final warning on your file, you are NEVER able to work again for the hospital. I have done NOTHING absolutely NOTHING that calls for me never to be hired again.
I see the appeals folks in HR in a few days... I have a feeling they are NOT going to over-ride it. If that is the case, I am just going to quit. I told my boss I would work the full four weeks (but I was doing that as a courtsey to uphold my end of the deal). Since I got the final written warning, I am cooked. If I cannot get it overturned, then I can never go back anyway.. so who cares if I just quit, and that is EXACTLY what I will do. She can come to work and cook turkeys on Thanksgiving while I am HOME enjoying mine. :) Wish me luck at the appeal. :)
except for the fact that our local hospitals are not unionized
and still, if you want to join a union and your nursing staff wants to unionize, there is nothing that can stop you.
actually, after some research i learned that almost all states (one exception) are at will states and almost everyone of us can be fired (or quit) without cause or notice (however, some "illegal" - discriminatory - reasons do exist, which would lead to wrongful termination). likewise, an employee who quits is not required to give notice - unless the employer has specified this in a written policy signed and/or acknowledged by the employee. however, even if this is not the case, it's always wise to tread carefully; you may be legal, but still get a reference so bad that you will have difficulty finding another job (it's always best to already have another job when resigning, but this is of course not always possible).
hey, someone finally did their own homework!!
(don't take that the wrong way. it's just a little jab at the students who come here for homework help.)
other than the careless firings that can land employers in court with wrongful termination suits, there are incidents of harassment and false charges that, while unfortunately still allowed under "at will," can result in civil suits. more employees in every walk of life should give these details more attention, because as it stands employers are walking all over us.
Thanks everyone! Some EXCELLENT replies here! I can ALWAYS count on you all! I really appreciate it!
I called HR today. They told me that YES, even though I turned in a resignation, since I am still working there, I can be fired. I have gotten a 'final warning' and the next step in termination. SO... if the boss decides to be a jerk and decides to find fault again it's BYE BYE for me.
I am appealing the final warning. I learned that if you have a final warning on your file, you are NEVER able to work again for the hospital. I have done NOTHING absolutely NOTHING that calls for me never to be hired again.
I see the appeals folks in HR in a few days... I have a feeling they are NOT going to over-ride it. If that is the case, I am just going to quit. I told my boss I would work the full four weeks (but I was doing that as a courtsey to uphold my end of the deal). Since I got the final written warning, I am cooked. If I cannot get it overturned, then I can never go back anyway.. so who cares if I just quit, and that is EXACTLY what I will do. She can come to work and cook turkeys on Thanksgiving while I am HOME enjoying mine. :) Wish me luck at the appeal. :)
I hate leaving on bad terms. However, it sounds like there's nothing you can do to change your status with this place so why waste the time and effort appealing a final warning at a place that obviously doesn't value you? As you said, they probably will make you ineligible for rehire anyway so if I were you, I'd cut ties now and not go back. Working the next few weeks is only going to give them more time to find a reason to actually terminate you. You are better off spending that time at home looking for a better job and enjoying the holiday with your family. Good luck to you!
I hate leaving on bad terms. However, it sounds like there's nothing you can do to change your status with this place so why waste the time and effort appealing a final warning at a place that obviously doesn't value you? As you said, they probably will make you ineligible for rehire anyway so if I were you, I'd cut ties now and not go back. Working the next few weeks is only going to give them more time to find a reason to actually terminate you. You are better off spending that time at home looking for a better job and enjoying the holiday with your family. Good luck to you!
I have to agree. It's highly unlikely that your evil, vindictive manager (that's what she is) will let the final warning be overturned - after all, it would make her look bad (in her twisted mind) - and people have been stuck with the status of "ineligible for rehire" for far lesser reasons (or no reason at all). However, it can't hurt to try anyway - and as soon as you find out they won't overturn it, get the flu for the rest of your scheduled shifts
He||holes like that are not even worth it.
Oh, we all need unions so bad - this kind of abuse would never happen. Why can't nurses manage to get strong, powerful, national unions for all???? Why not???? But I digress.
Best of luck, Epona, you will find something better!!! :hug:
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). 
AtomicWoman
1,747 Posts
Years ago, both my husband and I were "fired" from very different jobs, just for giving our 2 weeks notice. My husband's job took the attitude that anyone who dares to resign is dangerous and might sabotage the place.
Whatever!