resignation in lieu of termination

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Latest post Thu, Dec 30 2010 1:13 PM by LynnM. 13 replies.
  • Wed, Sep 20 2006 11:50 PM

    Feedback [*=*] resignation in lieu of termination

    If a person "resigns in lieu of termination" and the employer gives them a letter to give to unemployment stating that they will not contest unemployment benefits for you, will you get your unemployment benefits? I am in Oregon and that is the situation I am in or they will terminate me.
  • Thu, Sep 21 2006 9:27 AM In reply to

    • Beth3
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    Feedback [*=*] re: resignation in lieu of termination

    Impossible to say. Much depends upon the reason you "resigned in lieu of termination," and you haven't explained what led up to that. Just because the employer doesn't intend to contest benefits does not mean the State won't investigate the circumstances of your separation.
  • Thu, Sep 21 2006 1:01 PM In reply to

    re: resignation in lieu of termination

    Its a long story...will try to make it short. I signed a last chance agreement because I had asked someone who had dyed their hair blue if you could do the same to your bikini line and they were threatening to terminate me, my union rep advised me to sign the last chance agreement. I did so. I was suspended for 1 week and told that I had to go to counseling to learn better boundaries. That of which I had only attended one session because of the short time between all of this. When I came back to work, I was placed at a new job, the first week was fine. The second week, my employer came to me ready to terminate me because I had made a mistake on my time card. It was cleared up by my supervisor, that is was inteed an error because he and I had discussed the problem before hand and he had told me not to worry about it. It would get fixed. They were unhappy with that so they went to my principal (I work at a school) and asked if he had had any concerns. They did not tell him I was on a last change agreement so he told him a few things. Such as I taught a student how to shoot a rubber band, while I was in the classroom. I was slow to clean the caferteria, this was because I had a problem with my knee, I could barely walk.There were a couple of small things that the principal said he did not feel warranted termination. So I was called in again. This time my union rep without informing me of what she was going to do, told them that due to my knee, (not sure if work related or not. ) could they put me on sick leave until I could try for disability thru my retirement. And see a Dr. regarding surgery. They agreed to put me on sick leave, I have 1200 hours and than asked what we would do if we did not qualify, which I probably wont, she told them I would resign. I had gone in there and told her all through all of this that I would not resign. I aksed what would happen if I did not resign, they said that I would be terminated today or when I was taken of the FML Act. I was not sure what to do. So I'm suppose to go in on Friday and sign the papers to the agreement. I have already signed, per my union rep the family leave request. So, now I am not sure what to do. I need my unemployment. OH they also agreed to give me a letter for unemployment that states they will not contest. They also will give me a letter of recommendation. My supervisor said he would be open to me subing for them once all was done and over, but the HR person did not like it and said they would have to talk about it. So here I am and the union rep keeps insisting I can get my unemployment by resigning in lieu of termination. What do you think....
  • Thu, Sep 21 2006 3:07 PM In reply to

    Sorry, but I would have fired you.

    "I had asked someone who had dyed their hair blue if you could do the same to your bikini line and they were threatening to terminate me"

    Assuming you were a school employee and assuming you said that to a student, I would have fired you on the spot.

    Especially if this was grade K-12 and/or the student was a minor.
  • Thu, Sep 21 2006 8:03 PM In reply to

    re: Sorry, but I would have fired you.

    No..it was not to a student. It was to a peer and it was not that I wanted to know if she had, I just wanted to know if it could be done so that I could do my beard. It was not meant in a sexual manner.
  • Thu, Sep 21 2006 8:33 PM In reply to

    re: Sorry, but I would have fired you.

    Regardless, the comment was in very poor taste for any workplace, school, office or whatever. I shudder to think of what else you might have said in the past.
  • Thu, Sep 21 2006 11:14 PM In reply to

    re: Sorry you feel that way, your response appreciated.

    sorry you feel that way, you response is appreciated. Not helpful, but appreciated just the same.
  • Thu, Sep 21 2006 11:33 PM In reply to

    re: Sorry you feel that way, your response appreciated.

    I'm sorry I'm of no help in the present situation.

    I'll add a comment, and hope that the lawyers and HR professionals on this message board will be willing to offer clarification or correction.

    When I went for company-sponsored training in "Just What Is Sexual Harrassment", an important point was made.

    You can't make a joke or comment that is sexual harrassment (nor for that matter racist, etc), then later claim that was not your intention.

    "He has no sense of humor."
    "I didn't mean it that way."
    "No one else would have been offended."
    "I did not mean it that way."
    "It was just a joke. Lighten up."
    "I've told that joke before and no one's complained."
    "If they are offended by the photos I have on my wall, then they need not look at them."
    "That's just my weird sense of humor."

    According to our instructor, none of those would fly. It is up to the employee to watch their tongue BEFORE making an offensive remark, rather than try to explain it away later.

    I'm sorry you lost your job and hope that you are able to find a new job soon.
  • Fri, Sep 22 2006 2:46 PM In reply to

    • LynnM
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    Question [=?] re: Sorry, but I would have fired you.

    Then why not say "Could you do it to a beard?"?
  • Fri, Sep 22 2006 7:44 PM In reply to

    • Cica
      Consumer
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    Feedback [*=*] re: Sorry, but I would have fired you.

    "It was to a peer and it was not that I wanted to know if she had, I just wanted to know if it could be done so that I could do my beard. It was not meant in a sexual manner."

    Your other option would have been to try dying YOUR bikini line. You have the same stuff there. You might not have meant it as sexual harassment, but your reference was to a female's private area, ergo, it was sexual harassment.

    Anyway, the unemployment benefits can't be predicted.
  • Sat, Sep 23 2006 10:04 AM In reply to

    Warning [=*#] He wasn't asking for a moral compass

    Honestly, what difference does it make?

    He didn't post his question to be berrated by us or anyone else. He asked for a legal opinion regarding unemployment and everyone is telling him how terrible he is. So what? That's beside the point. His question is about unemployment - not your moral or ethical opinions.
  • Sat, Sep 23 2006 10:26 AM In reply to

    • Cica
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    Angry [:@] Did you read my sentence starting with 'Anyway'?

    "His question is about unemployment - not your moral or ethical opinions."

    My answer to his initial question is my final statement. If he's bringing up other topic matter, I'll respond to other topic matter, too.

    Where's YOUR response to him? Is chastisement of responders the best that you can offer?
  • Thu, Dec 30 2010 1:07 PM In reply to

    • Jack Daws
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    Re: Sorry, but I would have fired you.

    I hope you get fired one day.  I really really do.

  • Thu, Dec 30 2010 1:13 PM In reply to

    • LynnM
      Lawyer
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    • Joined on Mon, Apr 3 2000
    • CA
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    this post is more than 4 years old

    Why are you responding at all?

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