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Discussion

Should I resign, or wait it out?

So, I will try not to get specific about what is going on, but give enough background to hopefully help answer my question. Essentially I don't know if I should resign or wait and see what happens.

I had a "meeting" with Human Resources the other day at work and they stated basically that they had flagged me for possible conflict on interest. They asked me a few questions that weren't really related to my actual job itself, but instead asked me about my 2nd job where I am an independent contractor. The questions seemed pretty harmless and I basically answered with one or two word answers, I didn't say much at all.

Today I am unable to log into anything related to the company (and I know this issue is mine alone at this point). They then sent me an email asking me to come back in with them for a final meeting related to this.

It seems that its possible they may be letting me go. In my opinion the conflict of interest is totally unsubstantiated, but that's neither here nor there. I am conflicted if I should just resign at this point, or go into the meeting and possibly get fired.

I am not asking for legal advice, I am asking for suggestions and any help you can provide. Thanks in advance.

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    • Featured Replies

    • Experts

    If you can't log in they've already terminated you.

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    • Author
    Just now, Wuzzie said:

    If you can't log in they've already terminated you.

    They haven't let me know this in any form whatsoever, or even let on to that its a possibility, even though I know it is. Is it too late to send an email with my resignation?

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    • Experts

    You can if you want but I'm pretty confident if your access had been removed they've already terminated you and the meeting is a mere formality. They aren't going to email you and tell you this.

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    do you have a union rep that you can reach out to at your work place?

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    • Author
    Just now, PeekaPooh said:

    do you have a union rep that you can reach out to at your work place?

    I do not, no one.

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    hmm based on your story, it seems like you have a choice to make. Either quit this job, or quit your independent contractor job? Which one do you prefer? You can try and ask them if you can just resign instead of them firing you during the meeting. Since either way you are going to meet up with them, right? Maybe have a resignation in hand when you go just in case.

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    • Author
    3 hours ago, PeekaPooh said:

    hmm based on your story, it seems like you have a choice to make. Either quit this job, or quit your independent contractor job? Which one do you prefer? You can try and ask them if you can just resign instead of them firing you during the meeting. Since either way you are going to meet up with them, right? Maybe have a resignation in hand when you go just in case.

    Thanks for the reply. If I resign via email I will not go in to the meeting because they're using the meeting as the method to fire, so I'm worried about them firing me before I resign.

    Either way it's a crappy situation, when I talk about getting fired I think of it in the way that someone did something thats a legitimate firable offense, in this situation that is not the case, however I also don't want to drag innocent people into a court case over this. Its unfortunate.

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    • Experts

    If it were me, and in a couple of cases it has been, Aliens, I've let them fire me.

    It's much easier getting unemployment benefits that way.

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    Retain an attorney and sue them for wrongful termination. Don't resign, make them fire you and then immediately file for unemployment.

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    On 2/20/2020 at 11:26 PM, Davey Do said:

    If it were me, and in a couple of cases it has been, Aliens, I've let them fire me.

    It's much easier getting unemployment benefits that way.

    Agreed. You may even get some severance pay if you're fired vs resign. And you'll also have more of a case if you decide to escalate/sue for wrongful termination.

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    Why are you so fearful of being fired? It sucks, I get it. But, if you resign you're still not going to be rehire-able there and any company that calls them to confirm employment will be told that.

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    OP, you should consult a lawyer.

    So far, I see three choices you can make:

    1) You can let them fire you, and then file for unemployment checks and possibly sue them (depending on your contract). Then again, you risk being blacklisted from nursing altogether. HRs do check if you have ever been terminated, if you ever filed for unemployment checks, and if you ever sued an employer.

    2) You can resign and still file for unemployment checks and possibly sue them, but you may have the same problems as choice 1, except for "terminated" being on your record.

    3) You can resign, not file for unemployment checks, hold off on suing them, and start looking for other employment (be open to relocating if necessary). Not all HRs ask former employers if the candidate is eligible for re-hire.

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