I Have a Dilemma
I Have a Dilemma
#1I Have a Dilemma
Posted: 9/17/09 at 1:40pm
Surprise! Surprise! Right? Okay, as my last thread about the moving, stated, I am about to lose my job. Really, it's I moved into a new position in the hospital that I have worked for, for almost 2 years. I am still in the probationary period and the big boss stated that she doesn't think this is the right job for me (I agreed). It's not that she didn't like me and I wasn't doing a good job....it is just that she hired me thinking I knew how to do stuff that I have actually never done before. Anyway, this is my dilemma:
They are treating this like a resignation, since there is no other open positions in the hospital, instead of a firing or "letting go" so they will be able to give me a good reference for my new job. BUUUUTTTT, if I treat this as a resignation, I won't be able to get unemployment. So, right now I have to decide - Good reference (which is important anyway, but REALLY important that I am trying to get a job in a different state) OR be able to pay my car payment and insurance. My last day will be October 9th. I am so lost.
#2re: I Have a Dilemma
Posted: 9/17/09 at 1:47pmWhy can't you get the letter of recommendation before you leave and than file for unemployment the next day?
#3re: I Have a Dilemma
Posted: 9/17/09 at 1:51pmI don't know if it is the same everywhere, but if it is seen as you quitting, you can not get unemployment. And, the way she made it sound, was that if they let me go, they will have to mark me as "unhirable" when people call for my reference. I e-mailed her about this, but I am so confused.
StockardFan
Broadway Legend Joined: 6/19/08
#4re: I Have a Dilemma
Posted: 9/17/09 at 1:59pmCan they make it like they just eliminated the position for financial reasons? Then you'd still get a good reference and you could still collect unemployment.
#5re: I Have a Dilemma
Posted: 9/17/09 at 1:59pm
i would look into that some more.
last year, my brother was "let go" from a job because there was no work for him (he works in construction but is not yet part of a union)
they marked it as being "let go" so he could collect unemployment, but he was told he could still use his old boss as a reference when applying for a new job, since it wasn't his fault that he was let go.
now, if he was let go when there was work, and he was let go because he did something wrong, i dont think they would have said that, but you seem to be in the same possition as my brother was in last year... they dont have a job for you, so it's not your fault that you're being let go.
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#6re: I Have a Dilemma
Posted: 9/17/09 at 1:59pmIf you have a job now and they inform you that on a certain date you will not have a job, you are being "let go". In that case, you can file for unemployment. That's happened to me and I've still received letters from my boss.
#7re: I Have a Dilemma
Posted: 9/17/09 at 2:04pmWell, my boss told me that since they are treating this as a resignation, they want me to write the formal letter saying my last day will be October 9th. The thing is, I was told that when they call the hospital to get the reference, they will have to speak to HR and not my boss. Again, I am completely confused and emailed my boss for a better explanation
#8re: I Have a Dilemma
Posted: 9/17/09 at 2:04pmIt's an HR issue that is possibly the result of some strong-arm tactics coming from their HR department. The hospital may not want to risk a lawsuit for wrongful termination. Either that, or your boss is trying to cover their own ass for hiring someone they knew was potentially wrong for the position. I would do a little research if you have some sort of employee handbook regarding the process of resignation. If you did not state the desire to leave your position, then it's not a resignation. Was the decision that you would no longer have your position made by you or by your boss?
#9re: I Have a Dilemma
Posted: 9/17/09 at 2:06pmDuring my meeting at the end of my 90 days, my boss said "I don't think this is the right job for you, what do you think?" I said that I have asked for more training and none has really been given to me, so as of right now, no I don't think it is the right fit.
#10re: I Have a Dilemma
Posted: 9/17/09 at 2:08pmbut, it has been obvious to me that she really wants someone else in the position, because even in our 30 day meeting, she said the same thing and I said that I needed more training. I got a little but not that much.
#11re: I Have a Dilemma
Posted: 9/17/09 at 2:09pm
Rescind your offer to resign and that will force their hand to let you go.
Are they going to give you a bad reference because you liked your job and decided to stay?
#12re: I Have a Dilemma
Posted: 9/17/09 at 2:11pm
I have no clue what is going on. My boss just emailed me back saying that this is "out of my league" and she is emailing HR to find out what options are available.
#13re: I Have a Dilemma
Posted: 9/17/09 at 2:19pm
Quite frankly, your boss sounds like she was condescending from the get-go.
Have you talked to HR, instead of just your boss?
The opposite of creation isn't war, it's stagnation.
#14re: I Have a Dilemma
Posted: 9/17/09 at 2:21pmThat's not a resignation, especially if you have requested assistance that could be imperative to perform your job adequately that were ignored or refused for whatever reason, budgetary or otherwise. They could employ the tactic that you somehow misrepresented your qualifications and experience, but they are ultimately responsible for making the decision that afforded you that position. Unless you explicitly expressed your desire to leave your position, you did not tender a resignation. I would try communicating directly with HR next, especially if they can list you as "unhirable" (though they might mean "not eligible for rehire"). There are very specific guidelines as to an employee's performance and actions that are attached to such labels and how they can be communicated to other companies for reference.
#15re: I Have a Dilemma
Posted: 9/17/09 at 2:23pm
DJ, you need to talk to a lawyer who specializes in labor law.
Especially since you've asked for training and it wasn't forthcoming - it sounds like you have a case right there, and it also sounds like your boss knows it which is why she's starting to say that this is "out of my league."
Pursue this. Seriously, pursue this.
#16re: I Have a Dilemma
Posted: 9/17/09 at 2:24pmI will. I'll make a trip during lunch tomorrow and talk to someone over in HR.
#17re: I Have a Dilemma
Posted: 9/17/09 at 2:24pmI don't have the money to talk to a lawyer and I really don't want it to go THAT far.
#18re: I Have a Dilemma
Posted: 9/17/09 at 2:26pmThat's what they're counting on, DJ.
#19re: I Have a Dilemma
Posted: 9/17/09 at 2:27pm
Well, first, let's see how this plays out with me talking to HR and seeing what my options are.
StockardFan
Broadway Legend Joined: 6/19/08
#20re: I Have a Dilemma
Posted: 9/17/09 at 2:37pmGood luck, DJ! Let us know what happens!
#21re: I Have a Dilemma
Posted: 9/17/09 at 2:39pmI shall!
#22re: I Have a Dilemma
Posted: 9/17/09 at 2:41pmLet me know if anyone else heard this - when you are going for a new job, your future employer can call your references, but your reference will not say anything positive nor negative about you. They will just confirm your employment there.
#23re: I Have a Dilemma
Posted: 9/17/09 at 2:42pm
The probationary period is set up specifically to avoid this type of issue and to place all liability on the employee which is probably how they believe they can default to a negative reference status, but it sounds like your boss (or HR) is definitely trying to post-date an informal resignation within the probationary period to avoid a lot of red tape and headache.
In a pinch, I worked a few months in a Banana Republic which was one of the worst jobs I ever had. I got no useful training or cooperation from anyone in the store and was reprimanded for not knowing things of which I could never possibly know based on their own placement (and treatment) of me in the store every single day. I was told I had to train myself on my own time. When I put in my resignation, it was two weeks before my last day, but two of those days were already approved for vacation and I was told it was LESS that two weeks' notice which meant a negative reference as "not eligible for rehire". I literally laughed in the manager's face and said that was fine. Since most states have laws that prevent companies from stating the reason for termination/resignation, I knew that such a short-term position would not be a major detriment. Do you have much else on your resume? If you have a decent track record of 1+ years experience with other companies including positive references or rehire statuses, then you're probably fine.
#24re: I Have a Dilemma
Posted: 9/17/09 at 2:50pm
Well, here is the thing....*inhales*....I, technically, I have been fired from a job before. This was the issue: According to the "rules" of the Doctor's office I worked for, there were steps when repremanding someone. 1) verbal 2) written 3) half a day no pay 4) full day no pay 5) termination. Well, I was never even written up before. But, one day I accidentally handed the code sheet to a patient when I was handing him his documentation to take to his primary care doctor. Once I realized I did this, I called him and he brought it back. The Doctor found out this happened and fired me. BUT, and this is the odd part, he put an extra $1,000 in my next paycheck. This man cussed us out and did all kinds of verbal abuse. Anyway, so I got the extra money and unemployment check. I think he was just trying to shut me up so I wouldn't go to the better business bereau (sp?) about him.
I found out from my boss from the other position in the this hospital, that when they called that doctor's office for a reference, they told HR I was not up for rehire. But, he said he really liked me in my interview and decided to take me on anyway. I put in resume after resume after resume prior to this hospital and never heard anything back, and I am certain it was because of that Doctor's office.
I really don't want 2 "bad references" on my record, so I am going to see what comes from talking to someone.
#25re: I Have a Dilemma
Posted: 9/17/09 at 2:53pm
Matt - Do you know if people can get unemployment if they are let go during a probational period? If not, wouldn't my case be a wee bit different since I worked for this company for almost two years and this was just a new position?
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