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Old 01-19-2017, 07:45 AM
 
801 posts, read 610,206 times
Reputation: 2537

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And FYI, those two superiors left the room to discuss effing you over. If you resign under any terms, especially in writing, you don't get unemployment. "You resign and we won't contest unemployment." Uh huh...

"No. You can go ahead and terminate me and not contest unemployment."

Sign nothing. It may be their "policy" to have you sign something but you don't have to actually sign anything, no matter what they say.
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Old 01-19-2017, 07:46 AM
 
Location: City Data Land
17,156 posts, read 12,870,942 times
Reputation: 33164
Quote:
Originally Posted by applej3 View Post
Sorry this happened, OP.

Do not quit.
File for unemployment immediately. They have to give a reason for terminating you.


Don't count on getting a good reference. What they promise and what they do are two different things.

"Courtesy"? Forget that. Don't kid yourself. They are not your friends.
Agreed. Employers always play the "You can't get unemployment" game because they don't want to pay it, and you probably won't get a good reference no matter what. And since they want you to quit rather than fire you, it appears they are looking for a way out of paying you your rightful unemployment. Take the money you are owed via unemployment. Remember HR works for the company, not you, and they don't have your best interests at heart. I wish you luck.
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Old 01-19-2017, 08:00 AM
 
Location: Proxima Centauri
5,768 posts, read 3,197,645 times
Reputation: 6094
Quote:
Originally Posted by JJ_Maxx View Post
Well, it's not a done deal yet. I have until tomorrow, (Friday) to submit my resignation or it will be a termination.

Either way I technically don't qualify for benefits.

However, according to the head of HR that I spoke with, NY approves all claims, and then sends a letter to my previous employer and then they have a choice to contest it for whatever reason. He said that as a courtesy they will not contest the claim.
Are you over 40? If not see an attorney for advice only. If you are over 40 and your replacement is well under your current age, an age discrimination suit is possible but not advisable. The threat of a law suit would be for leverage only.

Get professional advice.

Things are getting really bad out there and it is not unprofessional for professionals to form a union.
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Old 01-19-2017, 08:05 AM
 
Location: USA
3,568 posts, read 1,337,188 times
Reputation: 4221
Quote:
Originally Posted by kokonutty View Post
There is absolutely no requirement for an employer to provide a reason to terminate an employee in New York State, or most other states. Without extenuating circumstances NY will not pay unemployment to a worker who quits their job.

(Regardless of what anyone from the Midwest might advise.)
Somebody needs to do some research.
Employer has to provide UI office with a reason for separation.

Last edited by applej3; 01-19-2017 at 08:16 AM..
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Old 01-19-2017, 08:09 AM
 
Location: NYC / BK / Crown Heights
602 posts, read 1,257,693 times
Reputation: 309
You should call your local unemployment office. They can answer some of these questions definitively. I suspect resigning is a bad idea unless they are giving you a fat severance package. NY has a one week waiting period before you start collecting benefits. The benefits max out at $430 a week. FWIW. But yeah. Be careful.
https://labor.ny.gov/unemploymentassistance.shtm
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Old 01-19-2017, 08:33 AM
 
Location: TN/NC
34,848 posts, read 30,929,707 times
Reputation: 47173
Definitely do not resign. I was placed in this position a few months ago, and while things did work out and I didn't need the UI in the end, resigning will basically disqualify you.

This sounds like a case where you would get UI. I doubt they'd even contest it, and certainly wouldn't win on appeal.
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Old 01-19-2017, 08:37 AM
 
13,395 posts, read 13,417,213 times
Reputation: 35710
So you went to your boss to complain about his personal relationship?
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Old 01-19-2017, 08:41 AM
 
8,085 posts, read 5,203,115 times
Reputation: 22680
Quote:
Originally Posted by charlygal View Post
So you went to your boss to complain about his personal relationship?
Agree. I dont understand this at all...


4 mo old at home = I'm shutting my trap for the forseeable future.
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Old 01-19-2017, 08:47 AM
 
Location: Over yonder a piece
4,268 posts, read 6,259,492 times
Reputation: 7133
Quote:
Originally Posted by applej3 View Post
Sorry this happened, OP.

Do not quit.
File for unemployment immediately. They have to give a reason for terminating you.

Don't count on getting a good reference. What they promise and what they do are two different things.

"Courtesy"? Forget that. Don't kid yourself. They are not your friends.
I agree with not quitting - make them let you go and then file for unemployment.

As for the good reference - I can speak from experience that I DID get good references from an employer that fired me many, many years ago. They rightfully fired me for excessive absences, but still gave a good recommendation on the quality of my work. In fact, when my boss fired me, his exact words were, "You do great work when you are here - the trouble is that you are never here." He then told me he would absolutely provide a good reference, but if they asked about attendance, he would be honest and tell them it was bad. I used him a few times as a reference in later years, and never had an issue. I'm still in contact with him now, even though it's been 20+ years since I worked for him.

Yes, some companies can be courteous when letting you go. A firm I worked for that laid me off during the 2009 financial crisis let me stay on as an employee for the 3-4 months of my severance, but just had me stay home. I got paid regular paychecks versus one lump sum. They did this per my request. Then the date of my last check I was officially let go, with no severance. It worked for me because I still had full benefits during the 3-4 months I was still technically employed by them.
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Old 01-19-2017, 08:50 AM
 
Location: USA
3,568 posts, read 1,337,188 times
Reputation: 4221
I'm also curious, OP. Your opening post was long, but confusing.
Briefly, how did the relationship between 2 other people result in you being fired?
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