Termed...After the Fact?

Published

Question:

Can an employer request a resignation from an employee (in lieu of being fired) and then two days later, send an email stating they've "changed their mind" and are now marking it as a termination?

I certainly would not think so, and I do realize that some states are "no fault". However, this seems a bit over the top in putting a permanent mark on an employees record.

What advice do I give and where does one turn to remedy situations such as this?

llg, PhD, RN

13,469 Posts

Specializes in Nursing Professional Development. Has 46 years experience.

I doubt there is a law that would cover all possibilities regarding this issue. For any particular case ... one would have to look at the details.

Anyone wanting legal advice about specific case should seek advice from an attorney familiar with the relevant state and federal laws -- not from a nurse.

If a friend asked me for personal advice about such a situation, I would remind them that even if the hospital listed it as a resignation, they could still classify the departing employee as "ineligible for re-hire" -- which would have a similar effect as an actual firing. So the distinction might not always be worth pursuing through legal channels.

Specializes in ICU. Has 20 years experience.

Did you submit a letter of resignation prior to receiving that email?

Did you save a copy of that letter and that email for future reference?

Do you work in an at will state?

jschut, BSN, RN

2,743 Posts

Has 20 years experience.
Did you submit a letter of resignation prior to receiving that email?

Did you save a copy of that letter and that email for future reference?

Do you work in an at will state?

Yes, yes and yes.

Specializes in ICU. Has 20 years experience.

They are trying to get out of paying unemployment. Go file and fight it.

If you have copies of prior positive performance appraisals that will weigh heavily in your favor and payment will be retroactive to the date that you filed.

jschut, BSN, RN

2,743 Posts

Has 20 years experience.
They are trying to get out of paying unemployment. Go file and fight it.

If you have copies of prior positive performance appraisals that will weigh heavily in your favor and payment will be retroactive to the date that you filed.

There were no reprimands, no attendance issues, and unfortunately, no performance evaluations. Time of employment was less than 6 months.

But now, there is a mark on the record that is hindering finding another job.

Specializes in ICU. Has 20 years experience.

As long as they can not allege and prove gross misconduct you are eligible for unemployment.

You need to have someone call - and you can buy this service - to find out what they are saying about you.

If it is defamatory and false, consult an employment attorney outside of your area as the local attorneys are biased or unwilling to get involved.

jschut, BSN, RN

2,743 Posts

Has 20 years experience.
As long as they can not allege and prove gross misconduct you are eligible for unemployment. You need to have someone call - and you can buy this service - to find out what they are saying about you. If it is defamatory and false, consult an employment attorney outside of your area as the local attorneys are biased or unwilling to get involved.
Thank you. Due to this very thing, a recent job offer was rescinded the day the "email" was received.
Specializes in ICU. Has 20 years experience.

That sucks.

You have 90 days to file a discrimination claim with the EEOC if that applies to your case. If you are over 40 file under the basis of age.

llg, PhD, RN

13,469 Posts

Specializes in Nursing Professional Development. Has 46 years experience.
As long as they can not allege and prove gross misconduct you are eligible for unemployment.

Even if she quit? Even if they allowed her resign instead of being fired? The OP is wanting to re-instate her voluntary resignation -- and NOT be fired. I thought you could only get unemployment if your departure was NOT due to voluntary resignation.

I am getting confused.

Specializes in ICU. Has 20 years experience.
Even if she quit? Even if they allowed her resign instead of being fired? The OP is wanting to re-instate her voluntary resignation -- and NOT be fired. I thought you could only get unemployment if your departure was NOT due to

voluntary resignation.I am getting confused.

According to the email she was terminated.

The unemployment office should be able to help her sort it out.

jschut, BSN, RN

2,743 Posts

Has 20 years experience.
Even if she quit? Even if they allowed her resign instead of being fired? The OP is wanting to re-instate her voluntary resignation -- and NOT be fired. I thought you could only get unemployment if your departure was NOT due to voluntary resignation.

^^^ This^^^ ????

I will call and speak to someone tomorrow.

And I know of the place referred to that will call and see if a bad reference is being given.