Resignation vs Termination?

[Katerina754]

What is the name of your state?Pennsylvania

Okay - in my previous post - accused of theft - I received many replies - I need one more tid bit. The HR dept called today to set up a meeting "later today and we need know when you can be available". Ive been on suspension w/o pay - when I phoned back to set it up the secretary said - well, theres no time today left on the department heads schedule - "we can do this thurs fri or monday" So with that statement - my belief that I will be termed is pretty well validated - if they wanted me to come back - they'd do it as quickly as possible not wait.

My question is: If they offer me the opportunity to resign vs being termed - which is the lesser evil - especially in consideration of Unemployemnt Benefits?

 

[BelizeBreeze]

What is the name of your state?Pennsylvania

Okay - in my previous post - accused of theft - I received many replies - I need one more tid bit. The HR dept called today to set up a meeting "later today and we need know when you can be available". Ive been on suspension w/o pay - when I phoned back to set it up the secretary said - well, theres no time today left on the department heads schedule - "we can do this thurs fri or monday" So with that statement - my belief that I will be termed is pretty well validated - if they wanted me to come back - they'd do it as quickly as possible not wait.

My question is: If they offer me the opportunity to resign vs being termed - which is the lesser evil - especially in consideration of Unemployemnt Benefits?

that's a personal decision. BUt if you sign anything, make sure there is a clause regarding the dissemination of information for future reference checks. If you do resign, that doesn't necessarily mean you won't get unemployment.

HOWEVER, if you do resign, then demand before signing anything that a the above clause be entered that they are ONLY allowed to tell future reference checks the dates of employment and that you resigned for personal reason.

 

[Katerina754]

Okay, I understand the future reference or employment verification checks - but I wanted to know if there was an advantage to termination over resignation w/ UC benefits? For expample if theysay: Unless youresign, we will terminate you for wilful misconduct - then Id probably want to resign and tell UC officers my good cause was "a hostile work place?" or that I feared having to defend "legal charges" Or would it be advantageous to accept the termination and later require them prove I committed the "crime" so to speak?

 

[Katerina754]

Wish me luck?

Im leaving in 30 minutes to be officially cannned and become part of our county 12% unemployment rate... Of course I'm scared ****less - I have never been unemployed and certainly never fired since the age of 16. 19 years of pride reduced to "we think you stole money."

Im still not sure what to do if they offer me resignation vs. termination. It occurs to me that being fired for their "suspicion" may be easier to fight at UIC time - vs. I resigned to avoid being termed.

 

[Beth3]

Unless they have reasonable proof that you stole, then UC benefits shouldn't be an issue. As to being offered the choice of resign or be fired, that also won't matter for UC matters a resignation under those circumstances is an involuntary termination.

 

[Katerina754]

Update

As I suspected - I was terminated today. WHich turns out as my husband pointed out to be a blessing - he never mentioned before how difficult it was to be married to me in the past year as I was constantly stressed out out over work, doing work at home, or complaining about work. So I move forward knowing when one door closes - another opens...with a few tears as I realized today I loved the DOctors and staff I worked with but hated the institution.

ANyway - heres what I ended up with:

They will pay my accrued vacation and sick time.
I will recieve the full monies of vested 401k (mine and matching)
COBRA option for benefits

HOWEVER: the reason stated on my termination was: Missing funds under the responsibility of employee.

So now suppose I wait until I receieve my vaca/sick pay and final paychecks - then file my Unemployment claim - as not to be penalized for income during claimed weeks - and see if they return a refusal/denial for my claim.

I am ASSuming they will indeed do so and noticed as I argued the original accusation of these funds being under my control - due to their demands that I frequently leave my work station unattended to assist in immediate needs of back office operations - they reworded the original acccusation from funds under my control to funds under my responsibility.

Is demonstrating that in following/obeying the directives of Management and the Director of this office - by the protocol they set forth for me to meet the requirements of my position that they were directly responsible for "taking that control" away from me - enough to satisfy an unemployment officer that I was merely perfroming my job duties and that in doing so - I was required to leave my front office workstation unattended thus providing direct access for 6 other employees to these documents with payments that they cannot prove that the funds missing could have been my responsibility when they are the ones who took that control away from me? (They did not provide a locked drawer or bag to keep these forms and attached payments in and all staff kept their batches next to their pc.)

I have 2 doctors and a midwife who are prepared to testify that the nature of my responsibilities required that when they need assistance (Im a nurse too) that I was required to go with them at a moments notice to chaperone or assist with patient encounters.