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Old 09-28-2016, 12:08 PM
 
3,137 posts, read 2,709,460 times
Reputation: 6097

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Quote:
Originally Posted by the_grimace View Post
. I put down on the paper that I didn't agree to the reason for termination and signed it so I can get out of there, since he said I couldn't leave till I signed it. (I should have wrote I already resigned on the paper and the date, but you forget these things in the moment).
He told you that you couldn't leave the premises until you signed something? Your employer has no power to hold you at your workplace. Do you really think they do? You don't have to sign anything if you are leaving the business.


I once quit a job on the spot, when I found out they had lied about something regarding the terms of my employment. And as I was walking out the door, they demanded that I come back and sign something. I simply told them "no" and continued to leave. Then they screamed "you're fired anyway!" with the maturity level of a 5 year old child. They just confirmed that I was making the right decision by leaving.
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Old 09-28-2016, 12:34 PM
 
1,115 posts, read 2,498,952 times
Reputation: 2135
Quote:
Originally Posted by vision33r View Post
With any resignation or termination, once you sign either and the other party has it. It's done deal. That's why for terms, never sign anything until you see the writing and it is agreeable separation.

Being termed with cause is actually worse than resigning. I would file to get that changed some way with the HR dept there or else play it out and hope your future employments does not dig too far back. It's easier to get it changed then try to explain to a new job the situation and let them guess who to believe.
Yes it was a mistake to sign the term paper... as I said, hindsight is 20/20. I had already served my resignation notice, I should have walked out.

The thing is, this is a small company, about 20 employees, NO HR department. Just one owner who like I said, has done this to people who resigned in the past as well...
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Old 09-28-2016, 12:39 PM
 
1,115 posts, read 2,498,952 times
Reputation: 2135
Quote:
Originally Posted by tassity22 View Post
Keep a copy of your resignation letter. It would have been better if you had emailed it and could keep a copy of that record.


Many employers unfortunately, are immature and want to have 'the last word'. Many people who resign and give notice are "fired".
He's done this to other people before, but it doesn't make the experience feel any better. I do have a copy of the letter and I also have my colleagues who can ALL back me up that I actually resigned (Since I told them I was resigning and they saw my letter, etc), but like others said, I ended up signing his stupid termination letter in the heat of the moment/being disgusted, and here we are.

At least my colleagues are willing to provide me positive references (they were shocked to hear what he did) and they reached out to me to say so.
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Old 09-28-2016, 12:50 PM
 
3,763 posts, read 12,552,312 times
Reputation: 6855
Most larger corporations I've worked for no longer will provide much in terms of an employment reference other than dates worked.

They certainly would not provide "fired" vs. "resigned".

It provides too much material for lawsuits, and they've been burned.

So if your employer is larger, you may not need to worry about what they'll say in the future.

Very petty of your boss to do that by the way. Sounds like you're well rid of them!
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Old 09-28-2016, 12:54 PM
 
5,198 posts, read 5,279,960 times
Reputation: 13249
Quote:
Originally Posted by the_grimace View Post
He's done this to other people before, but it doesn't make the experience feel any better. I do have a copy of the letter and I also have my colleagues who can ALL back me up that I actually resigned (Since I told them I was resigning and they saw my letter, etc), but like others said, I ended up signing his stupid termination letter in the heat of the moment/being disgusted, and here we are.

At least my colleagues are willing to provide me positive references (they were shocked to hear what he did) and they reached out to me to say so.
What do you need protection from?


You have another job lined up.


If you think that your former co-workers are going to put their jobs in jeopardy by 'backing you up' it is not going to happen.


Why do you need references if you have another job? What am I missing?
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Old 09-28-2016, 01:08 PM
 
3,657 posts, read 3,289,916 times
Reputation: 7039
Quote:
Originally Posted by the_grimace View Post
Hi all. Why does life have to be so difficult? (This happened about two weeks ago)

I told me boss I was resigning and I gave a 1 week notice of my last day. (Varying circumstances only allowed me to give one week notice, plus my previous employer had a knack for firing people when they gave a resignation notice in the past) I provided him with a written resignation letter and he was very upset and unhappy but ultimately accepted it. The next day I reported to work he told me I was being terminated and I was asked to leave the premises. I told him I didn't agree and that I already resigned, but he said that I had to sign a paper saying I was terminated and he was not accepting my resignation since my last day on my notice would not be for another week, the following Wednesday. I put down on the paper that I didn't agree to the reason for termination and signed it so I can get out of there, since he said I couldn't leave till I signed it. (I should have wrote I already resigned on the paper and the date, but you forget these things in the moment).

Now, I already had another job lined up, and good riddens to that job anyway, but I don't like having the possibility of him providing a reference to future employers that I was terminated when really I resigned. Unfortunately I did not email my resignation to him, only provided a written letter (which I have a copy of) but I should have got him to sign it. Maybe I'm just being paranoid, but it's going to bum me out in the future if I'm looking for work again and he's telling any potential employer that I was terminated when really I resigned and had been in good standing with the company... I'll always know I resigned, but will future employers believe me if my boss is saying I was terminated?

Thoughts? Anything I should do here to protect myself?
Don't list your former supervisor as a reference. List someone else who worked there as a reference.
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Old 09-28-2016, 01:12 PM
 
3,657 posts, read 3,289,916 times
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Quote:
Originally Posted by the_grimace View Post
I realized now I probably didn't have to sign it, but he said it was necessary for me to sign and when these things happen you get caught up in the moment and I believe there is a saying that says hindsight is 20/20.

I could be making a mountain out of a molehill, but it doesn't get rid of the uneasy feeling of being terminated when you did nothing wrong and simply provided your resignation.
You know what...contact an employment attorney and ask for advice here. The attorney might contact the employer and get them to agree that you resigned and were not terminated "for cause" or at the very least threaten them with a lawsuit if they say anything other than you resigned. But you should do this quickly.
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Old 09-28-2016, 01:14 PM
 
3,657 posts, read 3,289,916 times
Reputation: 7039
Quote:
Originally Posted by chb119 View Post
and what did you think he was going to do if you left, tie you to the desk, sit on top of you. Seriously.

also you did not resign, you served notice that you intended to resign in one week. Up until that date you stated in your letter, you were fully employed by that company, and doing so they had every right to fire you, as long as it was allowed by law. I would suspect you expected to be paid for the time between the delivering of the letter and final day, which goes to show you did not resign, just gave notice. Plus, you or him are not required to sign anything, nobody can force you to sign something, just as you could not force him to sign your little letter.

In the future he is well within his rights to tell people you were terminated, because you were, and he has a paper to back his claim up. For future potential employers I would find somebody else at the company for them to speak too.
None of this matters. If the company is run by a jerk, they can still do jerk things. You can give 2-week notice, they can take you to lunch and kiss you on the way out the door, and STILL say you were terminated and tell HR you are not available for re-hire. All without your knowledge too.

At least the OP has a clue that the company tried to screw him which is why the OP needs to talk with an employment attorney now.
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Old 09-28-2016, 01:20 PM
 
3,657 posts, read 3,289,916 times
Reputation: 7039
Quote:
Originally Posted by tassity22 View Post
He told you that you couldn't leave the premises until you signed something? Your employer has no power to hold you at your workplace. Do you really think they do? You don't have to sign anything if you are leaving the business.


I once quit a job on the spot, when I found out they had lied about something regarding the terms of my employment. And as I was walking out the door, they demanded that I come back and sign something. I simply told them "no" and continued to leave. Then they screamed "you're fired anyway!" with the maturity level of a 5 year old child. They just confirmed that I was making the right decision by leaving.
It is amazing they think they have some power over you. As if you were a little kid in school again.
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Old 09-28-2016, 01:28 PM
 
17,815 posts, read 25,645,499 times
Reputation: 36278
Quote:
Originally Posted by the_grimace View Post
Hi all. Why does life have to be so difficult? (This happened about two weeks ago)

I told me boss I was resigning and I gave a 1 week notice of my last day. (Varying circumstances only allowed me to give one week notice, plus my previous employer had a knack for firing people when they gave a resignation notice in the past) I provided him with a written resignation letter and he was very upset and unhappy but ultimately accepted it. The next day I reported to work he told me I was being terminated and I was asked to leave the premises. I told him I didn't agree and that I already resigned, but he said that I had to sign a paper saying I was terminated and he was not accepting my resignation since my last day on my notice would not be for another week, the following Wednesday. I put down on the paper that I didn't agree to the reason for termination and signed it so I can get out of there, since he said I couldn't leave till I signed it. (I should have wrote I already resigned on the paper and the date, but you forget these things in the moment).

Now, I already had another job lined up, and good riddens to that job anyway, but I don't like having the possibility of him providing a reference to future employers that I was terminated when really I resigned. Unfortunately I did not email my resignation to him, only provided a written letter (which I have a copy of) but I should have got him to sign it. Maybe I'm just being paranoid, but it's going to bum me out in the future if I'm looking for work again and he's telling any potential employer that I was terminated when really I resigned and had been in good standing with the company... I'll always know I resigned, but will future employers believe me if my boss is saying I was terminated?

Thoughts? Anything I should do here to protect myself?
IDK what state you're in, but here in CA when you turn a resignation letter and you get let go early, the company has to pay you and keep your benefits intact till the date on your letter.

Something similar happened to me, I gave my two weeks notice via email and was let go the Friday after my first week of notice. I was upset and should have seen it coming as it happened to others, and the company lost in the end because I was trying to tie up loose ends, but I had another job lined up(like you do) and got a weeks paid vacation.

You're only mistake was signing the document, and no one can hold you against your will.

Quote:
Originally Posted by mochamajesty View Post
What do you need protection from?


You have another job lined up.


If you think that your former co-workers are going to put their jobs in jeopardy by 'backing you up' it is not going to happen.


Why do you need references if you have another job? What am I missing?
Exactly, we have to pick and choose our battles, this isn't worth it.



Quote:
Originally Posted by eastcoastguyz View Post
You know what...contact an employment attorney and ask for advice here. The attorney might contact the employer and get them to agree that you resigned and were not terminated "for cause" or at the very least threaten them with a lawsuit if they say anything other than you resigned. But you should do this quickly.
Ridiculous, the OP has a job lined up. You contact an employment attorney(you do realize this will cost the OP?) when you're let go for no reason at 57 from your job of 25 years, or there is real sexual harassment or discrimination.

This isn't worth the time and energy.
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