Notices

Forced Resignation

Old 07-15-2015, 08:31 PM
  #1  
Admirals Club Admiral's Club Member
Thread Starter
 
Join Date: Feb 2012
Posts: 410
Default Forced Resignation

What would you do if you were put into a position of forced resignation or be fired? The employer will not put resignation request in writing, and HR is NOT aware or Involved, it's an under the table deal.. It is a verbal deal. Resignation letter is due two weeks from today and your last day is two weeks after that. No severance beyond your last day. You've worked at the company for almost 11 Months.

Do you counter and ask for more severance? Go to HR? Demand something in writing? Quit? Involve CEO? Contact attorney?
lhpfish185 is online now  
Old 07-15-2015, 08:36 PM
  #2  
Senior MemberCaptains Club Member
 
Join Date: Aug 2003
Location: Out west
Posts: 3,293
Default

Resign and never look back. They are the losers, you are the one with opportunity
dssmith is offline  
Old 07-15-2015, 08:39 PM
  #3  
Senior Member
 
Join Date: Jun 2006
Location:
Posts: 443
Default

First of all, HR should be involved. Your manager is leaving the company open to legal action. I worked in HR and I would say if I was you, I would be sitting in the head of HR's office right now. You have nothing to loose.

If you give them a resignation letter, then you do not get unemployment. Sounds like whom ever is trying to dump you is doing it behind everyone's back.
Tony M is offline  
Old 07-15-2015, 08:42 PM
  #4  
Senior Member
 
tcpip95's Avatar
 
Join Date: Apr 2012
Location: Fort Myers, FL
Posts: 2,064
Default

How bad do you want to keep this job?
What are you accused of?
What proof is there against you?

I cannot believe they would offer you a severance package for you to resign.
I cannot believe they would offer you a severance package without HR and legal's approval.

Something smells fishy here.
tcpip95 is offline  
Old 07-15-2015, 08:43 PM
  #5  
Senior Member
 
Join Date: Jul 2011
Posts: 459
Default

Too many unknowns to give a solid answer. Forced to resign because of some unspoken issue within the company gives the employee more leverage than forced to resign or be fired due to poor performance, conflict, or misbehavior by employee.

If there is no just cause for termination, some acknowledgement of that in writing would help the employee secure the next job. In that case, talk to HR and keep legal options open.

My 2 cents...
DrDanH is offline  
Old 07-15-2015, 09:05 PM
  #6  
Admirals Club Admiral's Club Member
Thread Starter
 
Join Date: Feb 2012
Posts: 410
Default

its not severance. i've been told my last day and have been asked to give my two weeks prior to that date. My replacement is already being sought out, and manager has advised me of this.
lhpfish185 is online now  
Old 07-15-2015, 09:06 PM
  #7  
Admirals Club Admiral's Club Member
Thread Starter
 
Join Date: Feb 2012
Posts: 410
Default

Originally Posted by Tony M View Post

If you give them a resignation letter, then you do not get unemployment. Sounds like whom ever is trying to dump you is doing it behind everyone's back.
this is the case
lhpfish185 is online now  
Old 07-15-2015, 09:27 PM
  #8  
Senior Member
 
Join Date: Aug 2014
Posts: 292
Default

What kind of job is this? If you think you've been wronged, get HR involved unless you've done something that you should not have done and are being called out on it. You know the whole story and we can only speculate with the limited amount of information you've provided thus far.
Bonus Check is offline  
Old 07-15-2015, 09:43 PM
  #9  
Admirals Club Admiral's Club Member
 
Join Date: May 2008
Location: Philadelphia
Posts: 5,061
Default

Any job I've ever worked at if they wanted you gone, your crap was in a box and you were escorted out the building within minutes. I don't understand why if they want you to go they are going to pay you for two weeks and then another two weeks severance.

Two scenarios

Your manager is being cool and letting you have a few weeks to look for a new job before he has to fire your ass.

They are trying to not get you to collect unemployment. I know the laws have changed a bit but I'm not sure how much you can collect of you were only at the company for 11 months.

Again only being there for 11months and getting four weeks before you get canned is pretty generous.
bjm9818 is offline  
Old 07-16-2015, 02:15 AM
  #10  
Admirals Club Admiral's Club Member
 
Join Date: Mar 2011
Posts: 799
Default

There are some unanswered questions here, such as why are you being asked to resign? ( sorry if it's personal, but you posted it on THT). IF you did something improper, your manager may be attempting to save your (or his) reputation, credibility, etc. by allowing you to resign versus taking it to HR and the CEO. 2 sides to every story, not judging you but something has transpired to cause this reaction.
cmatthews7 is offline  
Old 07-16-2015, 03:02 AM
  #11  
Senior MemberCaptains Club MemberPLEDGER
 
Join Date: Jan 2002
Posts: 15,130
Default

It just happened to me a month ago. I had been with the company for 17 years and had no clue it was going to happen. The company doesn't want direct employee's and prefers to sub contract everything. There are 3 of us in Ohio that lost their job and a total of 61 people company wide. Back in November when the 3 of us went to the home office in Chicago the VP was practically gushing over us. He repeated this comment several times "The company wishes every state was like Ohio." In 17 years I took my territory from $3.5M to over $7M, In 17 years I missed my forecast just once in 2008. The same with the other 2 Ohio guys. Other employee's would tell us Ohio guys to not do such a great job every year because they were sick of being compared to us.

At least the company was pretty fair and gave me a 17 week severance package so I have had time to look for a job. I would love to get a job with a competitor of the company, I will work my ass off to get people to buy the competitors products. I feel like I got boned and I would love to hurt them. It wasn't like I was a $hity employee. I brought in more than $3M in profit in 2014 so you compare the profit I brought in and what the company was paying me it wasn't even close. I brought in HUGE profits and I know the subcontractors won't be able to keep the same profit level, my customers were very loyal to me. I hope the subcontractors screw up big time. In fact they already have screwed up because customers have been calling me because of problems getting answers from the subcontractors that took my job.

Hell my old boss has called or texted me almost every day because he can't understand how I could manage everything by myself. He is trying to do my job for the oil refineries because the people that took my job have ZERO product knowledge. Because of cutbacks in engineering I had to engineer our custom products, he is trying to get answers from engineering which has been taking 10+ days to get answers. I could usually get back to the customer in less than an hour (depending how complicated) with pricing and a rough sketch. One hour compared to 10+ days....no wonder the customers are getting really pissed off. I just hope the company continues to screw up, it will make it much easier to take their business away from them!
RussH is offline  
Old 07-16-2015, 03:14 AM
  #12  
Senior Member
 
Join Date: Jul 2011
Posts: 3,750
Default

Go to your union representation and get them into the loop. If you have a good rep they may actually step up and supply counciling and legal representation.
alligatorgar is online now  
Old 07-16-2015, 03:26 AM
  #13  
Admirals Club Admiral's Club Member
 
Join Date: Jun 2009
Location: Amongst the FL fishies
Posts: 6,658
Default

RussH: Become an independent contractor and offer your services back to the company.
airbrush is offline  
Old 07-16-2015, 03:35 AM
  #14  
Senior MemberCaptains Club Member
 
Join Date: Jun 2001
Location: CT
Posts: 18,346
Default

Originally Posted by cmatthews7 View Post
There are some unanswered questions here, such as why are you being asked to resign? ( sorry if it's personal, but you posted it on THT). IF you did something improper, your manager may be attempting to save your (or his) reputation, credibility, etc. by allowing you to resign versus taking it to HR and the CEO. 2 sides to every story, not judging you but something has transpired to cause this reaction.
Yes the usual reason for this sort of approach is the manager thinks he is doing you a favor by not publicizing what the indiscretion was. If not the case go to HR - now...
LI Sound Grunt is online now  
Old 07-16-2015, 03:37 AM
  #15  
Admirals Club Admiral's Club Member
 
Join Date: Nov 2008
Location: Somewhere in the middle of Michigan
Posts: 10,361
Default

Originally Posted by Tony M View Post
If you give them a resignation letter, then you do not get unemployment.
This is probably what it's all about. If you get unemployment, it costs the company money and they'd rather not do that. Also, if you resign, you may have less standing to bring a wrongful termination lawsuit.

I ran the HR function for a small business. Even part-time workers got unemployment if we fired them and we were billed by the state's unemployment office for the costs. The part-time worker who resigned was denied unemployment benefits.
yarcraft91 is online now  
Old 07-16-2015, 03:37 AM
  #16  
Admirals Club
 
Join Date: Apr 2011
Posts: 2,123
Default

Sounds to me like your manager is trying to help you out by giving you the chance to leave voluntarily, and giving you 4 weeks to secure a knew job.

Of course, we don't know the whole story, but there has to be a reason your employment with the company hasnt worked out.
JCM 1420 is offline  
Old 07-16-2015, 03:50 AM
  #17  
Admirals Club Admiral's Club Member
 
Join Date: Nov 2007
Location: Long Island, NY
Posts: 8,314
Default

Originally Posted by bjm9818 View Post
Again only being there for 11months and getting four weeks before you get canned is pretty generous.
Originally Posted by RussH View Post
It just happened to me a month ago. I had been with the company for 17 years and had no clue it was going to happen.
11 months and 17 years is pretty different.

I get the impression that there is something the company is very unhappy with and whatever their motive is, are offering the OP essentially 4 weeks notice and pay in exchange for not being fired and giving up unemployment.
Without knowing more facts about the industry, job and reasons - no one can say whether it is a good, bad fair or unfair deal; what can be said is the OP will be out of a job shortly.

As for leverage, at least in the NY Metro area, 11 months on the job wouldn't give an employee any leverage for anything, and even if the employee were over 55 (which I get the impression the OP is not), wouldn't support an age or other discrimination claim.
LI32 is offline  
Old 07-16-2015, 03:50 AM
  #18  
Senior MemberCaptains Club Member
 
Join Date: Feb 2001
Location: Beverly, MA
Posts: 1,297
Default

In many states, you can't collect unemployment if you were fired for valid reasons.
Capt Dave is offline  
Old 07-16-2015, 03:53 AM
  #19  
Senior Member
 
Join Date: Oct 2013
Location: South LA
Posts: 765
Default

We'd need to know the whole conversation to give a realistic opinion.

What was done wrong? (on your part)
How quickly can you find yourself another job?
Brokenline is offline  
Old 07-16-2015, 03:54 AM
  #20  
Senior Member
 
Join Date: Jun 2011
Location: Marshfield
Posts: 1,372
Default

Not to derail this but .. Russ a 17 week severance package after 17 years of loyal service is NOT a good severance package. Granted they could have done nothing but that doesn't make what they gave you good. I hope you join the competition and ruin their customer base.

OP, If you are eligible for unemployment benefits, you should go talk with HR. If you are not, I'm not sure it serves a purpose.
GH02050 is offline  

Thread Tools
Search this Thread