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?
I've been in both situations. Left my hospital job to go to day shift public health. I was an experienced RN but not in public health. I was given 1 day of watching aa film (I had to load the projector) 1 day to show I knew CPR. Then I was given peds shot clinics and WIC clinics. (Never worked peds before) Well I didnt' do something right and got called in and told to resign or get fired. OK I did. I didn't like them any more than they liked me. I went back to the hospital and stayed over 20 more years.
THEN: I ruptured 2 discs and long story short they gave me FEMLA, and forgot about me after about 6 weeks. About year late someone from personnel called and said what was your last day.....I told them the date the FMLA ended and I thought all was OK.
Money was getting tight and I went to the state to see about getting disability retirement...I filled the forms, got an estimate of what my income would be. It finally came to me that I was ending my career because I literally could do no NUrsing, I was nearing 60. Guess what. I was then DENIED and told I was FIRED.
Long, long story short I had to sue the hospital, I had to apply for workers compensation (that too was a mess) . The hospital (what can I say.) Someone checked the wrong box or something. 3 years later Attorney fees alone were nearly 80k for that and 30 k for the Retirement disability. The hospital coughed up approximately a million-not for me-for their legals.
You might just want to get an attorney's OPINION, they might just back off and let you keep the resignation.
I've been in both situations. Left my hospital job to go to day shift public health. I was an experienced RN but not in public health. I was given 1 day of watching aa film (I had to load the projector) 1 day to show I knew CPR. Then I was given peds shot clinics and WIC clinics. (Never worked peds before) Well I didnt' do something right and got called in and told to resign or get fired. OK I did. I didn't like them any more than they liked me. I went back to the hospital and stayed over 20 more years.
THEN: I ruptured 2 discs and long story short they gave me FEMLA, and forgot about me after about 6 weeks. About year late someone from personnel called and said what was your last day.....I told them the date the FMLA ended and I thought all was OK.
Money was getting tight and I went to the state to see about getting disability retirement...I filled the forms, got an estimate of what my income would be. It finally came to me that I was ending my career because I literally could do no NUrsing, I was nearing 60. Guess what. I was then DENIED and told I was FIRED.
Long, long story short I had to sue the hospital, I had to apply for workers compensation (that too was a mess) . The hospital (what can I say.) Someone checked the wrong box or something. 3 years later Attorney fees alone were nearly 80k for that and 30 k for the Retirement disability. The hospital coughed up approximately a million-not for me-for their legals.
You might just want to get an attorney's OPINION, they might just back off and let you keep the resignation.
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.
Hang in there & good luck!
A former employer can say anything about you as long as it is objective and true. For example: "Suzie, RN was terminated for absenteeism. She missed 16 days last year". As long as its true, then its legal
P_RN, ADN, RN
6,011 Posts
I've been in both situations. Left my hospital job to go to day shift public health. I was an experienced RN but not in public health. I was given 1 day of watching aa film (I had to load the projector) 1 day to show I knew CPR. Then I was given peds shot clinics and WIC clinics. (Never worked peds before) Well I didnt' do something right and got called in and told to resign or get fired. OK I did. I didn't like them any more than they liked me. I went back to the hospital and stayed over 20 more years.
THEN: I ruptured 2 discs and long story short they gave me FEMLA, and forgot about me after about 6 weeks. About year late someone from personnel called and said what was your last day.....I told them the date the FMLA ended and I thought all was OK.
Money was getting tight and I went to the state to see about getting disability retirement...I filled the forms, got an estimate of what my income would be. It finally came to me that I was ending my career because I literally could do no NUrsing, I was nearing 60. Guess what. I was then DENIED and told I was FIRED.
Long, long story short I had to sue the hospital, I had to apply for workers compensation (that too was a mess) . The hospital (what can I say.) Someone checked the wrong box or something. 3 years later Attorney fees alone were nearly 80k for that and 30 k for the Retirement disability. The hospital coughed up approximately a million-not for me-for their legals.
You might just want to get an attorney's OPINION, they might just back off and let you keep the resignation.