What do I do? Can they do this?

[RiversandGems]

What is the name of your state? CA

I am in a quit-or-be-fired situation. I'm resigning from the company, but wrote in my resignation letter that the resignation is ill-favorable.

I want HR to code me was a resignation so I can get rehired back to the company in another capacity, but to do so they want me to revise my letter so that it states I'm "voluntarily separating" from the company.

Do I really need to do this. A resignation letter, by defintion, is voluntary, is it not? I chose to resign instead of being fired because I'd rather take my chances with unemployment than risk my hire status w/ the company (as I am close to being offered another position within).

What to do? If I don't revise, can they reneg on their promise to code me as a resignation?

 

[justalayman]

They can require anything they want in return for giving you what they want.
Actually they don't have to give you anything. They can just fire you.

BTW resignation aka quitting.....is a DQ for unemployment.

 

[cbg]

They have no legal obligation to code the termination the way you want them to. Whether or not you are eligible for rehire is up to them.

 

[Gadfly]

It seems very strange that, as you put it you are in a "quit or be fired" position and at the same time being considered for another postition. How can that be?

What is the reason you are in this position?

 

[mlane58]

I agree with cbg. Even if HR were to "code" you as a resignation instead of getting fired, what makes you think they would rehire you? HR will more than likely code you as "not rehireable" Hell I know I would