Is it better to resign or face being fired?

[schufam]

What is the name of your state?AZ

I work for the local county in my area. I recently was asked to resign in lieu of a clerical error on my log sheet. I have been a loyal employee for 7 years and have recieved all above standard evaluations. I have only had 1 write up in seven years, which happened approx. 2 yrs. ago. My boss told me that I was no longer trustworthy and that I had falsified an official document. She gave me 2 weeks to resign or bring this matter to her boss. However, I was to work in the field as if nothing occurred, even though she could not trust me (???) What should I do? There are many more details. Possible sexual harrassment, and unfair work environment.

 

[BelizeBreeze]

You begin by asking whether or not you should resign then, at the end of your simple post, you drop sexual harassment and unfair work environment.

So, either spell out the entire situation with facts of the case, or wait until someone is willing to play 20 questions.

 

[schufam]

sorry...new to asking for advice online. My first question is..why would they give me a choice to resign if they can just fire me. What is the benefit for them? If I am doing such a "horrible" job, why give me the option?

 

[cbg]

Some people go into panic mode at the thought of having to say they were fired. They post on this site in hysterics at the idea that they might actually have to say the f word to a prospective employer. They want to know if they can sue their former employer for saying they were fired in a reference, even if they were (for the record - they can't - if they were fired, the employer can say so). You would think, listening to some of them, that having to admit to having been fired was the equivalent of wearing a scarlet letter.

On the chance that you are one of these people, your employer is giving you the option of being able to say that you resigned instead of using the f word. There is no particular benefit to them; the only difference it makes to them if an employee resigns or is fired would be your eligibility for unemployment, and a choice of resign or be fired is the same as being fired for that purpose in most if not all states anyway.

So it doesn't sound as if they are "up to" anything and they are not trying to cheat you out of anything and they are not doing anything illegal or unethical. They are simply trying to give you a chance to avoid having to tell a prospective employer you were fired.

 

[BelizeBreeze]

Some people go into panic mode at the thought of having to say they were fired. They post on this site in hysterics at the idea that they might actually have to say the f word to a prospective employer. They want to know if they can sue their former employer for saying they were fired in a reference, even if they were (for the record - they can't - if they were fired, the employer can say so). You would think, listening to some of them, that having to admit to having been fired was the equivalent of wearing a scarlet letter.

On the chance that you are one of these people, your employer is giving you the option of being able to say that you resigned instead of using the f word. There is no particular benefit to them; the only difference it makes to them if an employee resigns or is fired would be your eligibility for unemployment, and a choice of resign or be fired is the same as being fired for that purpose in most if not all states anyway.

So it doesn't sound as if they are "up to" anything and they are not trying to cheat you out of anything and they are not doing anything illegal or unethical. They are simply trying to give you a chance to avoid having to tell a prospective employer you were fired.

The "F" word? My goodness dear, how many glasses have you had tonight?

 

[cbg]

Obviously not enough or I wouldn't be on the board in the first place.

 

[schufam]

"They are simply trying to give you a chance to avoid having to tell a prospective employer you were fired." I would normally agree, but unfortunately there are other details that I forgot to mention. My boss and several of my co-workers are lesbians. I have had no problems with most of them. In fact, my partner is one, and happens to be a very dear friend. She even mentioned the fact that something "was up" and that she heard a rumor that they were trying to open up my position for one of the other ladies "spouse". So needless to say I doubt my boss is "doing me a favor." Since this is becoming a hostile work environment, I have applied for other jobs, whose to say what my boss can say to someone who is calling from a propective job? Can they say lies? and How can I defend myself?

Another question I have, is that when I applied for another job, I left town for a few days leaving my wife and 3 kids at home. While they were gone, they came to my house to leave notes on my door, and have left messages on my phone, about when I will be bringing in my resignation notice. I have an appt. with a lawyer on Monday, so I was trying to stall. Isn't there a way I can keep them from harrassing my family at home?

 

[Katy W.]

This is an answer on your question in general:

In the extremely unlikely event that your employers behaved in such an outrageously discriminatory manner that you had no recourse but to to file charges against them, to make a prima facie case of discrimination or retaliation the employer must have taken an adverse job action against you that changed the terms and conditions of your employment. Usually, but not limited to, demotion or termination. So I guess you could say that terminating an employee carries a slightly higher legal liability than having the employee resign. Just like some employees are horrified at being fired, there are some employers that are terrified of firing employees because they feel that it puts the company at risk.

HOWEVER your situation does not sound like you were fired for any discriminatory reason whatsoever. You were fired "for cause", even if you don't agree with their story.

It sounds as though you are p**** at being treated the way you were (very understandable) and so you are trying to stretch the facts around to see if you can make a discrimination case out of your termination. You also seem to be trying to build a slander suit on the basis of what your employer might say. Wrong.

Going further with this will waste your time and energy.

By the way, AZ has a law that states an employer must tell the employee the truthful reason for their dismissal. Not that this is pertinent to your case.

 

[cbg]

First of all, a hostile work environment has a specific meaning in law. Unless you are being subjected to either sexual harassment or illegal discrimination under Title VII, it is not a hostile work environment no matter how unpleasant it may be.

Next, even if it is true that they want your position for someone else, that is legal. Unfair maybe, but legal. Nor does that consititute illegal discrimination. Sexual orientation is not protected under either Federal or your state law.

AZ has a law that states an employer must tell the employee the truthful reason for their dismissal.

Katy, got a statute number or case law name for that? I'm not saying you're wrong, but Arizona is not on my list of states with any such requirement. If my source is out of date, I'd like to know it.

 

[BelizeBreeze]

First of all, a hostile work environment has a specific meaning in law. Unless you are being subjected to either sexual harassment or illegal discrimination under Title VII, it is not a hostile work environment no matter how unpleasant it may be.

Next, even if it is true that they want your position for someone else, that is legal. Unfair maybe, but legal. Nor does that consititute illegal discrimination. Sexual orientation is not protected under either Federal or your state law.

AZ has a law that states an employer must tell the employee the truthful reason for their dismissal.

Katy, got a statute number or case law name for that? I'm not saying you're wrong, but Arizona is not on my list of states with any such requirement. If my source is out of date, I'd like to know it.

Actually CB, there is a new revision of several of the Arizona statutes relating to public sector employees that you can find at http://www.hrcomply.com/law/az.1048.html.

However, since the original poster has never returned to explain his reference to sexual harrassment and or unfair work enviornment, any other discussion can't be concluded.

 

[amelvin]

If you resign, you can't file for unemployment benefits. Regardless of whether you resign or get fired, you will most likely not get a good reference so my suggestion would be to take the firing and collect the unemployment.

 

[BelizeBreeze]

If you resign, you can't file for unemployment benefits. Regardless of whether you resign or get fired, you will most likely not get a good reference so my suggestion would be to take the firing and collect the unemployment.

And that is of course, NOT correct. Or do you actually have legal expertise in the Arizona Unemployment system?

 

[cbg]

I admit I only skimmed it, but I don't see Katy's statute in there. Did I just miss it?

amelvin, in most if not all states, an employee who is given the option of resigning or being fired, is considered to have been fired (for unemployment purposes) regardless of which option he chooses.

 

[BelizeBreeze]

I admit I only skimmed it, but I don't see Katy's statute in there. Did I just miss it?

amelvin, in most if not all states, an employee who is given the option of resigning or being fired, is considered to have been fired (for unemployment purposes) regardless of which option he chooses.

I only skimmed it also but there are specific statutory requirements for disciplainary actions upto and including termination.

Also, I did see references to records or employment including personal files.

The point of all of this is the poster is going to meet with an attorney so this really is settled. As far as this forum is concerned.

 

[Katy W.]

I cannot find the actual %#(&%^@& statute. I do find HR and employment law websites that state that AZ is one of the few states that require an employer to give a terminated employee the truthful reason for his termination if the employee sends a registered letter within 60 days asking for the reason. I searched for the statute or caselaw or code for 2 hours. If anyone can figure out how to get this please let me know because now this is an obsession.