Quit or be fired

Not_A_Hat_Person, RN · Aug 23, 2010

Are these people being fired for cause, or laid off?

TechtoRN · Aug 23, 2010

There are big differences. Usually, people are "fired" for inability to do the job or for inappropriate behavior. This is the worst possible scenario because you are not only not eligible for unemployment benefits, your record will always show that you were fired, therefore not a good risk to hire.

If you "quit" then you choose to resign, that is, unless you walk off the job. Resigning is how we move from one job to the next and is done honorably every day and does not reflect badly on your record. You don't get unemployment benefits if you resign...

llg, PhD, RN · Aug 23, 2010

Each person and each situation is different.

1. If someone thinks that their firing is totally unjustified, they may want to wait to be fired -- and then sue the employer for unlawful termination. That is risky, but is a choice some people might want to make. (Though I would recommend consulting an attorney before taking that risk.)

2. Sometimes, if you resign gracefully -- they will classify you as "eligible for rehire" (even though they wouldn't choose to hire you again), which will make it easier for you to get another job. There may be some other benefits of resigning as well, related to insurance, unused vacation time, etc.

3. Sometimes, you can even get a mild job recommendation if you quit rather than force the employer to fire you. This is common in the cases where a new grad is not able to handle her first staff nursing job in a high volume or high stress environment. She's a nice person, comes to work on time, is conscientious, etc., but unable to handle the work itself. If she quits, the manager might give her a mild recommendation to a future employer, saying that the new grad seems like someone who would make a good employee ... but just got in over her head in this particular workplace. If the new grad waits and forces them to fire her, it's hard for the manager to help her find a new job elsewhere.

4. Waiting to be fired might take a little longer and bring in a few more paychecks during the wait. So, if a person is going to leave nursing and/or already has another job lined up, they might want to stretch it out and wait to be fired. In such a case, being "ineligible for re-hire" might be worth the extra paycheck. But remember, you would also have to answer "yes" for the rest of your life if asked the question "Have you ever been fired?" on a job application. I wouldn't want to have to do that.

Resigning is usually the best option in such a case.

HeartsOpenWide, RN · Aug 23, 2010

They can not fire you for no reason. They will be breaking labor laws. They can lay you off which does not look bad on your part and you can still collect unemployment. Don't let them make you think otherwise and quit; then you don't get unemployment.

PediLove2147, BSN, RN · Aug 23, 2010

I worked with someone who was in this situation. They told her she could either resign or be fired. She chose to resign and worked her remaining shifts.

Bobylon · Aug 23, 2010

They can not fire you for no reason.

Perhaps depends on the state you work in??? Apparently you can be fired at will in some states, yet you must give 2 weeks notice if you're leaving..... what a crock.

roser13, ASN, RN · Aug 23, 2010

"they can not fire you for no reason. they will be breaking labor laws"

please be sure of your facts before quoting "labor laws."

at-will employment is a doctrine of [color=#0645ad]american law that defines an [color=#0645ad]employment relationship in which either party can break the relationship with no liability, provided there was no express [color=#0645ad]contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e., has not recognized a [color=#0645ad]union). under this legal doctrine:

“any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.[color=#0645ad][1]

"any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work."

exceptions are for protected classes of citizens.

HeartsOpenWide, RN · Aug 23, 2010

Perhaps depends on the state you work in??? Apparently you can be fired at will in some states, yet you must give 2 weeks notice if you're leaving..... what a crock.

I live in an "at will-state". They can not fire you for no reason. They can lay you off without reason and without any warning. I was laid off; went into work, was told I was being laid off and went home with my last paycheck. End of story.

Granted, if I left without warning I would not get a good recommendation,...

chloecatrn · Aug 23, 2010

They can not fire you for no reason. They will be breaking labor laws. They can lay you off which does not look bad on your part and you can still collect unemployment. Don't let them make you think otherwise and quit; then you don't get unemployment.

Not true in an at-will employment state. They can fire you for pretty much anything there.

chloecatrn · Aug 23, 2010

Quit. If you look at an employment application, there's always a question asking if you've been terminated. You can't lie on an application, because if you do, and the new employer finds out, you are subject to termination there. If you're honest, the yes freaks some potential employers out and you never get an interview. The answer is easy, speaking as someone who's been fired in the past. Quit. Then you never have to explain the termination.

Redhead28 · Aug 23, 2010

In at will states the work contract can be terminated at any point with no cause. It would be better to resign, would not get unemployment but could leave with your dignity intact.