Published May 31, 2012
jodyangel, RN
687 Posts
I was suddenly brought into my managers office one am a month ago and told that HR was drawing up termination papers for me. She said I might want to think about resigning ... if I do I could work somewhere for one year I be rehired at the hospital. I mentioned that I would try to get unemployment since I am the wage earner in my family.
My husband has just recently been diagnosed with early onset Parkinson's disease. She said the hospital would fight me on that...So I applied and was awarded. DE only pays $320/week..period. But since I did some agency work I never actually was paid anything. So last week I get the denial from Unemployement with my EX employers statement. They said I was never told I would be terminated..and I left on my own accord.
I don't want the money ... it's not enough to pay my bills...but what would You do? ESP. Since I don't know what my EX employer is telling my new prospects when I am called for interviews.
caliotter3
38,333 Posts
I have had three employers lie to the employment department. An employment department interviewer told me it is expected behavior. The ED personnel listen to what you have to say, in an interview, or in a hearing, then they make a determination. It does not necessarily go in the employer's favor. Speak your peace.
wow. How sad has nursing become that this is an Expected behavior???
Like I said, they pay squat, so its not really much of a help to me in my situation..but I did Not have work at all last week, so the $340 would at least pay for grocerys!! Yes I think I'll contest it. I'm just sort of afraid since I dont have another job yet. I'm afraid they'll screw me over worse because they've been made to pay....ugh.
CrunchRN, ADN, RN
4,549 Posts
Appeal it. You have nothing to lose and any cash would help!
ckh23, BSN, RN
1,446 Posts
wow. How sad has nursing become that this is an Expected behavior???Like I said, they pay squat, so its not really much of a help to me in my situation..but I did Not have work at all last week, so the $340 would at least pay for grocerys!! Yes I think I'll contest it. I'm just sort of afraid since I dont have another job yet. I'm afraid they'll screw me over worse because they've been made to pay....ugh.
This is not just "expected behavior" for nursing, it's for all companies because they have to pay for the unemployment.
Altra, BSN, RN
6,255 Posts
This has nothing to do with nursing.
No one who voluntarily resigns a position will receive unemployment, period.
bill4745, RN
874 Posts
I used to own a business in Delaware, and have dealt with this many times. If they have your statement in writing that you are resigning, you are wasting your time with an appeal. It's not fair the way you were treated but that's the way it is.
llg, PhD, RN
13,469 Posts
Did you ever SEE the termination papers? Was there ever anything in writing about your termination? Or was it all just verbal and you stopped going to work because of what was said to you in private?
Or did you officially resign? (which is legally different from being terminated)
A lesson for us all here is that we should never assume that we are officially terminated because says that they will fire us. There needs to be something in writing. "If it wasn't documented, it wasn't done" may be the determining factor here. If the OP can show nothing that says she was told to leave, the employer may win the case by saying, "We told her there were some issues with the quality of her work and that she would be terminated if she did not improve ... but we never actually terminated her. She just stopped showing up for work, which led to an automatic termination." Or if you wrote a letter of resignation or signed resignation forms, they will produce those to show that you chose to resign and were never fired.
TheCommuter, BSN, RN
102 Articles; 27,612 Posts
I left a non-nursing job 8 years ago. HR had lied to the unemployment department and said that I resigned due to 'childcare problems.' However, I have no children.
I easily won that appeal and was awarded my unemployment benefits.
Umm yes you Can claim unemployment if you resign if you were threatened or put in situation with no way out.
Being told you were going to be terminated sorta fits that bill.
ahhhh well the place I worked for has a step program in place. Each time they write you up and decide to send it to HR, its a step. I had been put on the 3rd (the last before term.) a year ago. I told management at that time HOW did they expect me to perform and concentrate even with this threat over my head. They dead out told me that if I parked wrong that I would be terminated.
So when the NM called me into the office and showed me the paper without my signature, she said she had sent it to HR. She said they were getting my termination papers together..and it Might be in my interest to consider resigning instead. She said that if I worked somewhere else for one year that I could be rehired into the "company".
I really didn't want the black stain of firing on my record. And even tho I Know she would never hire me, maybe another dept. would in the future, so I resigned and then worked out my 2 weeks. No I didnt just not show up. I worked each and every shift and cried on my way home knowing it was all soon to end.
So I'm not sure of what HR really was going to do..but I knew I was in a precarious position.
I know the hospital doesnt want to pay out for unemployement..but tough ****. I have paid into it for my whole adult life. This company also denied me Workmans Comp after I fell in the lockerroom..so I'm not surprised at their dishonestly..
MJB2010
1,025 Posts
This has nothing to do with nursing.No one who voluntarily resigns a position will receive unemployment, period.
That is false. I resigned, but with a good reason. I won the appeal and got unemployment.
So it is not fair to say "no one" there are always exceptions. Some states are more leniant than others.
PennyWise
159 Posts
I left a non-nursing job 8 years ago. HR had lied to the unemployment department and said that I resigned due to 'childcare problems.' However, I have no children.I easily won that appeal and was awarded my unemployment benefits.
LMAO a thousand times over.
We all float down here.