Quit or be fired

[mediatix8]

Well..... which do you choose? I'm not in this situation but I know this is how they've been letting people go where I work. I know that technically you don't get unemployment if you are fired but I think there are ways around that. But then if you quit are you more likely to be considered "eligible for rehire?" I would think not if they forced you to quit but then again I could be wrong. Any thoughts?

[roser13, ASN, RN]

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,...

Again....

"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"

[red2003xlt, LPN]

If you choose to resign get a signed copy of your resignation letter; never an email. The resignation letter must be signed by your supervisor and whatever authority is in charge.

The reason for the sign letter is if your ending status is ever challenged you will have proof.

FWIW: An employer can layoff anybody they choose however I've NEVER seen anybody fired for no cause. That's one helluva liability risk on the employers part.

[Coffee Nurse, BSN, RN]

I think the distinction HeartsOpenWide is making is that an employer cannot fire an employee -- i.e. terminate him/her for cause -- if there's no real cause. Layoffs, of course, are a different story in at-will states.

[roser13, ASN, RN]

I think the distinction HeartsOpenWide is making is that an employer cannot fire an employee -- i.e. terminate him/her for cause -- if there's no real cause. Layoffs, of course, are a different story in at-will states.

I don't understand the semantics question.

Fire = Discharge = Terminate. No. Cause. Required.

[chloecatrn]

i think the distinction heartsopenwide is making is that an employer cannot fire an employee -- i.e. terminate him/her for cause -- if there's no real cause. layoffs, of course, are a different story in at-will states.

not to be rude, but let's say it again. i work in an at will state. i have consulted with employment attorneys on this. one last time, folks:

"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"

[dthfytr, ADN, LPN, RN, EMT-B, EMT-I]

You all are way over thinking this. "You're fired because your charting is inadequate." There you have cause. I've seen this one used a lot. True or not, it's subjective and would require a long expensive and ugly court fight to change.

[dthfytr, ADN, LPN, RN, EMT-B, EMT-I]

Try this one. I became disabled earlier this year. My employer claimed I quit (and my cobra insurance would cost nearly $1000/month). I said they fired me (COBRA insurance costs $350/month). The difference in COBRA insurance costs began April 1 of this year thanks to "Obama care." We argued this to death, they finally agreed to charge me the lower amount. If I'm able to return to work I'll have to check off both fired and quit. Maybe I'll just add my own box to check off and label it "Mexican standoff." Much easier than trying to explain it!

[walk6miles]

Florida is one of those "right to work states" however, they must treat all employees equally so, for example, if they allow one of their pets to continuously clock in late, without reprimand, without counseling and then turn around and fire some other nurse for the first time tardiness; look out! The newly fired nurse has a legal basis for suit (equal and fair treatment). By the way, for general purposes it is always better to take the choice of resignation rather than termination since it looks better on the record: "resigned" rather than "terminated".

[diane227, LPN, RN]

You cannot receive unemployment if you resign. However, if you are terminated you can usually receive unemployment benefits. But, I believe it is better to have a resignation on your resume rather than a termination. You can receive unemployment if you are laid off. And yes, they are supposed to give you a reason for terminating you but it is a lot easier than you might think so don't depend much on that to keep your job. You are also supposed to have some type of due process meaning that your manager should have had some documented conversations with you before the decision to terminate you occurred, but this too is not always the case. It depends on the law in your state. If you are working in a right to work state, then you may lose some of those rights unless you can prove that you were terminated due to discrimination.

[netglow, ASN, RN]

I'd have a conversation with the NM if told to chose between the two. I'd say, I'd like to resign but, I need to have income because it would most likely take a long time to find another job in this economy and I need to pay bills and put food on the table during that time. Remind them, that if you resign, you most likely will not get unemployment insurance benefits. After all they are literally putting you out on the street in this economic environment. I would also ask for a letter, and not leave without it.

[Esme12, ASN, BSN, RN]

"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.

yes you can get unemployment if you were fired........as long as you were not willfully negligent to get yourself fired.

[FLmomof5]

Folks, IMHO, ya'll are definitely over thinking this.

In the past 18 years I have been "terminated" at least 6 times. (I have been a contract programmer and it goes with the territory).

Application states: Have you ever been terminated? Yes. Why? >>>>>here is where you get stuck! First off, NO prior employer will agree or disagree with ANYTHING you put there. It would jeopardize them legally and open them up for suit. (Even in at-will states....the cost of litigation just isn't worth the "honesty")

The vast majority of HR's KNOW this. They question is asked to get you to "hang yourself". The closest thing they will ask a prior employer is: "Is this person eligible for rehire?" Answer: yes or no or declined to answer. AND I would bet my sweet bippy that ALL major employers would refuse to give ANY other information outside:

Yes, FLMomof5 worked here. Her dates of employment were from Jan 2003 through Nov 2006. Her job title was: Senior Programmer. Her salary was $12,345.67.

You don't have to "lie" in the "Why" question....just get out your ol thesaurus and give them a linguistical composite that is open to interpretation. I have NEVER been asked to "clarify" my answer in an interview.

(Never had a need to worry about it. I got bored of "contract ended", "Contract rescinded" "contract terminated" "Laidoff") Call it what you will...you have been TERMINATED. (Terminated is not automatically "for cause")