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Graduating college two years ago, I had held various part time positions in data entry and education which had barely paid for the cost of living in NYC. Earlier this year in February, I was interviewed and shortly chosen for a position as a Coordinator. I was excited to receive the informal offer and ready to take a step into a fulfilling career with the City. Although I had only one year of experience of education, when the position required around three years, I immediately accepted not knowing that my personality and anxiety issues would eventually cause me to be terminated. I was not interacting with my coworkers very well, could not perform simple instructions, forgot to punch in three times during my second week, and had messed up the unit's server files. As a kid, I have always been anti-social and should have known to think twice before accepting the position.
Two months into the position, I received a phone call from HR asking me to come downstairs. I already knew from that point (and weeks before) my time at the City agency would come to an end. There were emails sent to me by my supervisor and the head of the unit about my behavior and lack of punctuality. Anyway, to simply put, HR told me that things are 'not working out' and that I would be terminated effective immediately. However, I was also given the option to resign. This being my first full time job, and not having had jobs like this before in my life, I had chosen to resign in lieu of being fired.
I'm not very familiar with legal rights in the workplace and would like to get clarification on a few things related to the situation I experienced:
During my probation period, could I have been fired at any time or would should I have received a PIP evaluation or the like?
Was it possible that I could have not even been given the opportunity to sign the Resignation form?
In NYC, if you are terminated within your probation period (in my case, three months), are you eligible for unemployment benefits?
In NYC, is a City Agency under law not required to give the reason for my termination?
Do I still have a chance to work under another City Agency despite having messed up so much at this job?
Any advice would be greatly appreciated. Thank you.
Graduating college two years ago, I had held various part time positions in data entry and education which had barely paid for the cost of living in NYC. Earlier this year in February, I was interviewed and shortly chosen for a position as a Coordinator. I was excited to receive the informal offer and ready to take a step into a fulfilling career with the City. Although I had only one year of experience of education, when the position required around three years, I immediately accepted not knowing that my personality and anxiety issues would eventually cause me to be terminated. I was not interacting with my coworkers very well, could not perform simple instructions, forgot to punch in three times during my second week, and had messed up the unit's server files. As a kid, I have always been anti-social and should have known to think twice before accepting the position.
Two months into the position, I received a phone call from HR asking me to come downstairs. I already knew from that point (and weeks before) my time at the City agency would come to an end. There were emails sent to me by my supervisor and the head of the unit about my behavior and lack of punctuality. Anyway, to simply put, HR told me that things are 'not working out' and that I would be terminated effective immediately. However, I was also given the option to resign. This being my first full time job, and not having had jobs like this before in my life, I had chosen to resign in lieu of being fired.
I'm not very familiar with legal rights in the workplace and would like to get clarification on a few things related to the situation I experienced:
Quote:
During my probation period, could I have been fired at any time or would should I have received a PIP evaluation or the like?
you probation is your warning. sometimes this can be an long as 90 days from the hire date. they can fire you at any point during that time. so the newbie have to sink or swim, shine or be done with.
Quote:
Was it possible that I could have not even been given the opportunity to sign the Resignation form?
Yes, they could have just fired you but that gives you basis to go on unemployment. Having you voluntary resign may have taken away that option.
Quote:
In NYC, if you are terminated within your probation period (in my case, three months), are you eligible for unemployment benefits?
You wont know until you go on the unemployment website and fill out the information. and take note that they give barely any money and still tax you on what little they give.
Quote:
In NYC, is a City Agency under law not required to give the reason for my termination?
You were already given the reason and trust me, they have documented a paper trail on why you were fired. The punch clock, relationship with your coworkers, emails from superiors, and file system screw up took care of that.
Quote:
Do I still have a chance to work under another City Agency despite having messed up so much at this job?
Slim to none since you ****ed up big time. but if you do it wont be in a similar role.
Quote:
Originally Posted by Zeroays
Any advice would be greatly appreciated. Thank you.
You just got your foot in the door to something that big that you didn't qualify for and couldn't follow simple things like clocking in and come in to work on time? Even after they warned you multiple times you still managed to mess up?
I don't think you qualify for unemployment if you resign and since you held the position for less than a year they're not going to give you a package deal where they will pay you for any unused vacation, sick, personal days. When I was on unemployment and I went through the online questionnaire they ask if I were fired/quit/or laid off and the reason for it. they also ask if I were compensated for unused days. If I refused any jobs that were offered to me during my unemployment, etc
Above you said as a kid......umm how old are you cause it seems youre still at that stage where you can not be left unsupervised to complete a task is a business environment where time is money and one 5 second screw up can cost 40 hours of work to fix such as messing up the server files.
Last edited by SoullessOne; 08-26-2018 at 12:57 PM..
Graduating college two years ago, I had held various part time positions in data entry and education which had barely paid for the cost of living in NYC. Earlier this year in February, I was interviewed and shortly chosen for a position as a Coordinator. I was excited to receive the informal offer and ready to take a step into a fulfilling career with the City. Although I had only one year of experience of education, when the position required around three years, I immediately accepted not knowing that my personality and anxiety issues would eventually cause me to be terminated. I was not interacting with my coworkers very well, could not perform simple instructions, forgot to punch in three times during my second week, and had messed up the unit's server files. As a kid, I have always been anti-social and should have known to think twice before accepting the position.
Two months into the position, I received a phone call from HR asking me to come downstairs. I already knew from that point (and weeks before) my time at the City agency would come to an end. There were emails sent to me by my supervisor and the head of the unit about my behavior and lack of punctuality. Anyway, to simply put, HR told me that things are 'not working out' and that I would be terminated effective immediately. However, I was also given the option to resign. This being my first full time job, and not having had jobs like this before in my life, I had chosen to resign in lieu of being fired.
I'm not very familiar with legal rights in the workplace and would like to get clarification on a few things related to the situation I experienced:
During my probation period, could I have been fired at any time or would should I have received a PIP evaluation or the like?
Was it possible that I could have not even been given the opportunity to sign the Resignation form?
In NYC, if you are terminated within your probation period (in my case, three months), are you eligible for unemployment benefits?
In NYC, is a City Agency under law not required to give the reason for my termination?
Do I still have a chance to work under another City Agency despite having messed up so much at this job?
Any advice would be greatly appreciated. Thank you.
Will keep this brief:
One, by law probationary employment is just that; and yes, you can be terminated for any reason during that period.
Two, you were told or should have known your behavior and tardiness issues had been duly noted and as such were on "report". That was your cue to perk up and change; but guess that didn't happen.
Three, being offered choice between resigning and termination is something someone has to understand before being sat down. Biggest benefit from resigning is being allowed to tell future employers that you "left" the position of your own free will. This does sound better than being terminated/fired. The latter tends to raise red flags when interviewing.
As for refusing to sign the resignation form well yes, you could have said "no"; but then they could have turned around and terminated. Whenever anyone is called into such situations note there are usually two or more people in the room besides your manager/direct supervisor. HR or someone acting as a witness is almost always present to co-sign whatever happened.
You *should* have asked if the city will contest your application for UE benefits (if you are entitled). Unemployment is going to ask up front why you were discharged. Telling them you "quit" may mean you're disqualified for benefits. OTOH it is known for former employer to go along with some sort of story so the terminated employee can receive benefits.
Quite honestly you were only on the job three months, take our lumps and move on. Treat it as a learning experience and know in future you've got to behave yourself *and* learn to arrive on time.
Only civil servants who can get away with have a bad attitude and tardiness are those who are fully hired and covered by union. *LOL*
I don’t understand people. Who gets a job with the City and shows up late? How do you forget to punch in?? Hello! That’s how you are paid!! Looks like someone blew it big time. Let this be a lesson. Being anti-social isn’t the worst thing in the world. I’m the same way, but I’ve never heard of anyone being fired for that. As long as you speak and engage in small talk that should be fine. You aren’t there to chit-chat all day. You’re there to do a job. I think it depends on your co-workers. If they are chatty and gossipy I would keep things short and sweet. Here and there I chat with colleagues but we are generally too busy to spend too much time doing that.
Originally Posted by Zeroays
could not perform simple instructions, and had messed up the unit's server files.
Forget about being late and not punching in, and forget about your personality not fitting in, those are the big reason you were fired.
You could have had the greatest personality in the world, everyone may have loved to be around you, and you could have always been punctual and punched in on tome every day, you would still have been fired.
You were a danger to your employer, who cannot afford to have employees doing what you were to do, that cannot follow instructions, and messed up the server files. You were capable of shutting their whole file system down, and they could not risk having you as an employee due to the effect it could have on their whole system.
That really sucks. A city job is for life for 99% of people. I'ts no stress, no major politics or back stabbing. All you have to do is show up on time and do the bare minimum. I feel bad for you. Hope things work out.
You should have requested to be fired to get unemployment.
Also, you need to address a lot of issues. Your personality and anxiety issues will be detrimental in career advancement.
Either try to find a job in which you can work from home or see a behavioral psychologist. If you don't fix these issues, you will be working low wage jobs for the rest of your life.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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I have been a supervisor or manager at two different public agencies in two states over 26 years, and would never use a PIP for someone on probation. The performance improvement plan is for people that have backslid and/or developed problems after completing probation. Those few that I have failed were well informed ahead of time and given opportunities to improve with frequent feedback, but while on probation employees can be let go for any reason. As for unemployment benefits, I don't know your state laws, but here it requires a minimum number of hours worked in that year, so previous part-time and two months would not likely qualify.
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