Resign or Get Fired

[Killroy1999]

My other half works for a shitty company. To make a long story short, they laid off half here team, including her hiring manager, and she was expected to run the team by her self and above her pay scale.

The company already gave her a warning and has said they are going to fire her for performance reasons, but they are asking her to resign.

I think she should force them to fire her, so that she can get unemployment benefits (she paid for them).

She thinks that she should resign to protect her reputation.

Her manager already said that she would giver her a good recommendation.

I don't she what the big deal is, it was not her fault. She is tripping though.

 

[byke]

I'm sure there are lots of pertinent details, but if I were in that situation and they really were a shitty company and I weren't actually performing poorly, I'd work as hard as I could and make them fire me. If they suck and the environment was tolerable, I wouldn't want to make it easy on them.

 

[wazzuFreddo]

I'd go scorched earth. Pinch a loaf in the water cooler to see if they are really paying attention.

Burn bags of microwave popcorn and drop them off in random offices

 

[mike23w]

if they're going to fire her, she should find work while she's employed on the company's time - what are they going to do fire her?

then leave as soon as she's secured a new job.

 

[Abyss]

I've been threatened to be fired before. It's just a tactic they use to weed out the people who are more or less uncertain about the work they do. I really believed in my job and that's why they let me stay.

 

[ryder]

just keep working...if they fire you...oh well. you can always explain it during the interview for you next job

 

[Blankpage]

She really shouldn't be working anyhow with that back injury.

 

[greener]

Gently request that those back-stabbing chiselers put that threat in writing.
When they won't, go to the unemployment office and relate the story, it is textbook HOSTILE working environment, and will get treated as such. Resigning to protect her reputation serves zero purpose. Her reputation is not on the line. If in some future interview a question is raised she can tell the honest story. The interviewer will be using their own judgement of her interview, not a strangers. If her industry is so small as to have publicly discussed reputations, then everyone would also know how the company screwed their employees over, and still give her the benefit of the doubt.

 

[Marlowe]

BTW, the old "we'll give you a good recommendation" is usually :bs. That offer will magically disappear once she's out of there.

Ask them to provide a recommendation letter now. :laughing

 

[rodr]

Gently request that those back-stabbing chiselers put that threat in writing.
When they won't, go to the unemployment office and relate the story, it is textbook HOSTILE working environment, and will get treated as such. Resigning to protect her reputation serves zero purpose. Her reputation is not on the line. If in some future interview a question is raised she can tell the honest story. The interviewer will be using their own judgement of her interview, not a strangers. If her industry is so small as to have publicly discussed reputations, then everyone would also know how the company screwed their employees over, and still give her the benefit of the doubt.

I pretty much agree with this, but am not sure the unemployment office or any other California agency will care unless you can show a pattern of discrimination against a protected class (age, race or sex).

Definitely look for another job now, and keep good notes in case it ever matters.

 

[msethhunter]

I pretty much agree with this, but am not sure the unemployment office or any other California agency will care unless you can show a pattern of discrimination against a protected class (age, race or sex).

Definitely look for another job now, and keep good notes in case it ever matters.

This. And scorched earth if it becomes inevitable.

 

[bikeama]

I pretty much agree with this, but am not sure the unemployment office or any other California agency will care unless you can show a pattern of discrimination against a protected class (age, race or sex).

Definitely look for another job now, and keep good notes in case it ever matters.

This^^

No law against being an ass hole manager unless you discriminate.


Bill
Retired HR Manager PHR.

 

[SM610]

This^^

No law against being an ass hole manager unless you discriminate.


Bill
Retired HR Manager PHR.

So tell is Bill, how does HR feel about a parting upper deck??

 

[nebulous]

If your gf told you to split or I'm going to cheat, make dates and talk shit about you while your in the room, etc - Would you go all Rambo and try to get retribution, or just leave and find someone better? Same with the job.

 

[afm199]

It's illegal for the company to do that, of course. Any chance there's an email/voice message?

 

[Entoptic]

Look for a job while on the job.

Tell her would be terminators that she will resign once they approve a nice severance package.

 

[mercurial]

This^^

No law against being an ass hole manager unless you discriminate.


Bill
Retired HR Manager PHR.

That's not strictly true, there is established case law that gives employees who have been unfairly bullied or singled out, particularly long-term ones, the ability to sue for breach of covenant of good faith and fair dealing. The reason why the company has given her "warning" about poor performance, is because they are trying to legally CYA themselves here, since they know they can't just summarily fire her without risk.

If I were her, I would also CYA myself and document everything I did, as well as everything that was not done for whatever reason, by keeping a log and email records. Meanwhile, I'd have a frank discussion with HR and say "I am a long-term loyal employee, and it's documented that I outperform at my duties. I wish to remain employed at this company. However, if the company wants me to leave, I am willing to discuss severance package options." The wording is important because you want to convey a point, but you don't want to give them any basis that allows immediate termination. If they have half a brain, they'll settle.

 

[Beauregard]

My other half works for a shitty company. To make a long story short, they laid off half here team, including her hiring manager, and she was expected to run the team by her self and above her pay scale.

The company already gave her a warning and has said they are going to fire her for performance reasons, but they are asking her to resign.

I think she should force them to fire her, so that she can get unemployment benefits (she paid for them).

She thinks that she should resign to protect her reputation.

Her manager already said that she would giver her a good recommendation.

I don't she what the big deal is, it was not her fault. She is tripping though.

They don't want to pay unemployment or risk a wrongful termination suit. Look into who really benefits from her resigning.

Look for a job while on the job.

Tell her would be terminators that she will resign once they approve a nice severance package.

Good idea. This is the shrewd way to play her cards.

 

[sasquatch]

My other half works for a shitty company. To make a long story short, they laid off half here team, including her hiring manager, and she was expected to run the team by her self and above her pay scale.

The company already gave her a warning and has said they are going to fire her for performance reasons, but they are asking her to resign.

I think she should force them to fire her, so that she can get unemployment benefits (she paid for them).

She thinks that she should resign to protect her reputation.

Her manager already said that she would giver her a good recommendation.

I don't she what the big deal is, it was not her fault. She is tripping though.

Are they complaining about her not doing her job well? or both her AND her manager's job well. She was hired to do a job, they really can't dump 2x the work on her and expect 2x the results.

 

[radvas]

The best choice will depend on a lot of things we don't know, but based on what you've told us, I'd stick around til she has a replacement job or they fire her. The whole recommendation thing is usually a worthless scare tactic, and the upside value of a letter of recommendation is usually pretty small.

Think about it... when you're job hunting, it's expected that you can produce some good recommendations from people you worked with, but just the same, everyone has worked for a shitty boss or a shitty company at least once. Being honest about it when asked ("the company threatened those of us who didn't voluntarily resign, so I started looking for another job") will get more mileage than a clearly fake letter of recommendation.

I'm sure things vary by industry, but generally letters of recommendation don't factor into employment decisions all that much IME.