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?
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.
Yeah, me, too. Since when can you collect unemployment for choosing to resign a position?
Did you post previously about the situation surrounding this? If I'm remembering correctly- toxic manager, telling you to resign after state came?
Even if I am not remembering correctly, from what you've said here it sounds as if you need at least a consult with an attorney.
I don't think that manager is allowed to say much more than yes you were employed & if you're eligible for rehire. If you find out she's saying more- you probably have a case.
About the unemployment- file for it & appeal if it's denied. I received benefits because I appealed & no one from the facility showed up to the hearing either because they forgot or were so convinced they were right that it would be denied. They were wrong- I won by default.
Yes. I did. It has now cost me a job. Two lawyers from my area won't discuss it with me. I just can't believe it can be changed from a resignation to a termination after the fact.
Thank you for your vote of confidence though! I appreciate it! [emoji4]
I don't think that manager is allowed to say much more than yes you were employed & if you're eligible for rehire. If you find out she's saying more- you probably have a case.
People keep posting this on this site, and it's just not true. Many employers choose not to provide more info than dates of employment and whether or not the individual is eligible for rehire, but there is no legal restriction on previous employers saying as much as they want to as long as the information is factually accurate/correct.
Yes. I did. It has now cost me a job. Two lawyers from my area won't discuss it with me. I just can't believe it can be changed from a resignation to a termination after the fact.
Thank you for your vote of confidence though! I appreciate it! [emoji4]
People keep posting this on this site, and it's just not true. Many employers choose not to provide more info than dates of employment and whether or not the individual is eligible for rehire, but there is no legal restriction on previous employers saying as much as they want to as long as the information is factually accurate/correct.
My mistake. You are correct- they can say anything that is factually true.
In this case, specifically, find out what this person has said. From reading about the situation, it wouldn't be a stretch for the manager to have said things that are not true & you can possibly disprove.
You can collect unemployment if you "resigned in lieu of being discharged" (this seems to be OP's original case), and especially if you made efforts to keep your job (for example, asking to be transferred to another unit).
I think you should write a calm, courteous letter to HR Director at your former job and maybe to the CEO there, also DON there. Tell them what you have told us, why you believe it is wrong, and ask for them to intervene in the situation or, at the very least, put a copy of your letter into your HR file. Maybe ask for an appointment with these people, the goal being to get the termination changed to resignation. They really need to know what poor management techniques your former boss has used. She should not, for instance, be talking to you about another nurse or to another nurse about you.
Not to be discouraging, but I don't think you'll get anywhere with a lawsuit. Most attorneys seem to protect the big employers, not the little guy - unless you are a minority, elderly, handicapped, or one of the other protected classes.
Also, tell the hiring person at your desired new job the whole truth - succinctly, not too accusatorily, just enough to get them to understand why you were let go. It's a risk, but I think you have nothing to lose at this point.
Please make your own decision on this - I am no expert. Just my 2 cents. I wish you all the best.
Yes. I did. It has now cost me a job. Two lawyers from my area won't discuss it with me. I just can't believe it can be changed from a resignation to a termination after the fact.
Thank you for your vote of confidence though! I appreciate it! [emoji4]
An organization can choose to not accept your resignation and terminate instead, unfortunately.
Most places will not give any information except eligibility for rehire...but if a potential employer hears you are not eligible for rehire they will pass as well.
An organization can choose to not accept your resignation and terminate instead, unfortunately.
Most places will not give any information except eligibility for rehire...but if a potential employer hears you are not eligible for rehire they will pass as well.
elkpark
14,633 Posts
Yeah, me, too. Since when can you collect unemployment for choosing to resign a position?