Should I resign, or wait it out?

Nurses General Nursing

Updated:   Published

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.

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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Specializes in MS/Psych/ER.

Gm, I recently went through this same type of situation, a " violation of company policy" that had caused no harm , injury or danger to my patients or their environment or any deviation from my role as RN within the legal scope of my License. Unfortunately without a union and NJ law that states one can be fired without cause it is an extremely difficult position to be placed in and defend if they want you gone.... i got" at this juncture along with your clear message insinuating that you have issues with how we determine our decisions and manage our facility we have decided to let you go". I pretty much knew the meeting was just a formality to ensure they retrieved my ID and facility keys. Though i have never been "let go" or fired I actually felt relieved as i left the premises. Nursing is a passion, hard work, team work and there never is enough time in the day/ shift to get to it all...it is a 24/7 profession. We are A very special type of person that can take on the role and responsibility of caring ,teaching and helping others when they are at their most vulnerable and are in need of help. Physically, mentally , emotionally they put their trust in us.... some immediately, many fearfully, and for the tougher ones, extremely hesitantly lol , but most of us challenge resistance, persevere and work hard to gain trust so at the end of the day /shift ,we can be humbled and grateful that we did our best to make a difference . No matter how small it may have been, if it made the positive list its a win !!! The facility i worked at did not applaud or appreciate the Nurse and our contributions, shamefully it was all about The census and filling the beds .....whether we could meet their needs or not if they had insurance we had a bed..... ( one of my issues with mgmt clearly). End of the day, you are an RN you will find a job , HR dept are not legally permitted to say if u were fired or resigned, just if they would rehire you. Request a letter of Employment with your hire date and end date on company letterhead it should not state anything else and attach to ur resume, i have been told that works as well and saves time on verifying by phone call . Some now ask for email addresses. U can request cc of any email correspondence ur previous employer receives from prospective employers, although that may be stretching it.... they are not obligated i dont think to copy you... Cant hurt.... i just requested same.. I will keep u posted. Sorry for ranting on!! I soooo hate control freaks, nepotism and BS!! Good news...This to shall pass and everything Will be OK?

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5 minutes ago, TBK26 said:

HR dept are not legally permitted to say if u were fired or resigned, just if they would rehire you.

https://www.agcareers.com/newsletters/What_Can_Employers_Say_About_Former_Employees.htm

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7 minutes ago, Wuzzie said:
13 minutes ago, TBK26 said:

HR dept are not legally permitted to say if u were fired or resigned, just if they would rehire you.

https://www.agcareers.com/newsletters/What_Can_Employers_Say_About_Former_Employees.htm

This just won't die.

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Specializes in MS/Psych/ER.

Wow. Thanks for clarification on that i will pass that on ,alot of peeps ,myself included are not aware of that fact. Hopefully her HR dept will just give basics, i asked mine what their process is and they said they just verify dates... but again the devil usually wears a smile.... the phonecall to HR representing a potential employer may be best indicator.... does anyone know what questions or proceedure is followed??

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3 minutes ago, TBK26 said:

Thanks for clarification on that i will pass that on ,alot of peeps ,myself included are not aware of that fact.

You are not in a minority there. I used to think it was true as well...until I got fired and I checked its veracity. Scared the bejeebus out of me when I found out because I was let go on trumped up charges.

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Specializes in Med/surg/ortho.

I wouldn’t resign that looks guilty. Unintentional admission of guilt

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Specializes in Perioperative Services.

Just because you cannot access your company's system doea not meanyou are terminated. As an executive leader I can advise you 1) do not resign, 2) access is often suspended during periods of investigation. Access is suspended to protect company assets. Since you are being investigated for a conflict of interest this makes sense.

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Specializes in ER, ICU, Infusion, peds, informatics.
6 hours ago, chare said:

This just won't die.

Never. It will never die.

So many companies have that policy to prevent someone from making crap up about an employee that they didn't like that it has become an urban legend.

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I was told once that a background investigator will ask all the common questions, which a former employer may, (or may not) answer truthfully for a potential liability reduction. Even if the former employer trashes you on the record (causing injury) and it is all true, the likelihood for them to get sued will naturally increase, which will cost them money whether they have a get the real truth out there on the record fetish or not. When the background investigator is finished the formal, normal questions, they will close their briefcase, and look the former employer in the eye and say, now, off the record, just between you and me, I am not writing this down or recording this, please tell me the real story of what happened with x-employee JOHN HENRY DOE. It is at this time that the x-employee will become glorified or damned. Think this does not go on? Think again. The moral of, the story is clear--instead of bourbon, stick to beer.

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On 2/24/2020 at 8:33 AM, Wuzzie said:

https://www.agcareers.com/newsletters/What_Can_Employers_Say_About_Former_Employees.htm

This is an excellent example of what I have been commenting for years about this subject. I will add: an employment attorney told me that anything a former employer states is taken to be factual because it is coming from the former employer. She said that wrongful termination actions are almost impossible to win and most people can not withstand the effects of the process. She stated that a person (me, the client) is better off directing their energies in seeking their next job. Paid for wisdom, but wisdom nonetheless.

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Specializes in school nurse.
On 2/24/2020 at 6:07 PM, CritterLover said:

Never. It will never die.

So many companies have that policy to prevent someone from making crap up about an employee that they didn't like that it has become an urban legend.

Seriously! And it continues to be spread by people as gospel truth, sort of like the "anti-vaxxer stance" of employment law...

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