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sedated 05-30-2012 10:44 AM

Since they didn’t really document any of the “performance issues”, does that just mean that you Can get unemployment? Or something more?

I’ve always heard that they need to have records of that stuff, but never known what the consequences were if they didn’t.

petegz28 05-30-2012 10:48 AM

Quote:

Originally Posted by sedated (Post 8647382)
Since they didn’t really document any of the “performance issues”, does that just mean that you Can get unemployment? Or something more?

I’ve always heard that they need to have records of that stuff, but never known what the consequences were if they didn’t.

I "resigned". I think it's legally considered a "Constructive Discharge". Meaning I was forced to quite more or less. It was quit or get fired. I can get unemployment, they said they would not contest it. Resigning does probably hurt me from a legal aspect but what are my odds on legal action anyway? I figure it's better to sit in future interviews and be able to say I resigned as opposed to I got fired.

mikeyis4dcats. 05-30-2012 10:50 AM

Quote:

Originally Posted by petegz28 (Post 8647407)
I "resigned". I think it's legally considered a "Constructive Discharge". Meaning I was forced to quite more or less. It was quit or get fired. I can get unemployment, they said they would not contest it. Resigning does probably hurt me from a legal aspect but what are my odds on legal action anyway? I figure it's better to sit in future interviews and be able to say I resigned as opposed to I got fired.

nil. Kansas is a Right to Work state. Unless you can prove discrimintation or retaliation, they can fire you because your shirt is orange.

petegz28 05-30-2012 10:50 AM

And I had to make the decision on the spot on whether I was resigning or accepting termination. I had no opportunity for legal counsel so I think if for whatever reason it ever got to court I could claim my decision was under duress.

petegz28 05-30-2012 10:51 AM

Quote:

Originally Posted by mikeyis4dcats. (Post 8647417)
nil. Kansas is a Right to Work state. Unless you can prove discrimintation or retaliation, they can fire you because your shirt is orange.

I was in MO though same thing applies. I knew I was pretty much ****ed on any legal ramifications thus opting to resign

vailpass 05-30-2012 10:52 AM

Quote:

Originally Posted by petegz28 (Post 8647419)
And I had to make the decision on the spot on whether I was resigning or accepting termination. I had no opportunity for legal counsel so I think if for whatever reason it ever got to court I could claim my decision was under duress.

What benefit did you see in resigning as opposed to them terminating you?

phisherman 05-30-2012 10:55 AM

Oh, if I could leave all over again, what choice words I would have for KMS.

petegz28 05-30-2012 11:06 AM

Quote:

Originally Posted by vailpass (Post 8647438)
What benefit did you see in resigning as opposed to them terminating you?

Future interviews. I think it's always better to say you resigned as opposed to you got fired.

petegz28 05-30-2012 11:07 AM

Quote:

Originally Posted by phisherman (Post 8647453)
Oh, if I could leave all over again, what choice words I would have for KMS.

From what I am hearing it was most likely SP more than KMS

phisherman 05-30-2012 11:23 AM

Onward and upward buddy. I'm sure you're feeling a bit of relief, just like I was when I walked out of that place.

bevischief 05-30-2012 11:24 AM

What field were you in? Don't say the company name. Maybe someone on here can help you out?

sedated 05-30-2012 11:25 AM

Quote:

Originally Posted by petegz28 (Post 8647419)
And I had to make the decision on the spot on whether I was resigning or accepting termination. I had no opportunity for legal counsel so I think if for whatever reason it ever got to court I could claim my decision was under duress.

Interesting.

So, assuming any one of the rest of us is in that position (fired with no severance, or quit with uncontested unemployment), is quitting the correct action?

petegz28 05-30-2012 11:29 AM

Quote:

Originally Posted by sedated (Post 8647578)
Interesting.

So, assuming any one of the rest of us is in that position (fired with no severance, or quit with uncontested unemployment), is quitting the correct action?

I think it's a gamble depending on state laws. As it was mentioned I could be fired without cause, legally as long as there weren't any forms of discrimination, etc. So you have to weigh the circumstance. Do you want to go sit in your next interview and explain why you were fired or why you quit?

petegz28 05-30-2012 11:31 AM

Quote:

Originally Posted by phisherman (Post 8647570)
Onward and upward buddy. I'm sure you're feeling a bit of relief, just like I was when I walked out of that place.

The anxiety over not getting a paycheck is setting in. MO unemployment sucks balls compared to KS. I have some $'s saved so I am not without but still. Other than that yes, I am totally relieved. I have been telling my wife I was ready to quit anyway just wanted to do it under different circumstances. I wish I would have at least had my day in court, no pun intended. The C-Level there turned out to be a real chicken shit who wants to be surrounded by Yes Men. I made a real mistake in my perecption of that person.

Cornstock 05-30-2012 11:38 AM

Quote:

Originally Posted by Radar Chief (Post 8646918)
So I hear you're having problems with your TPS reports.

http://edge.ebaumsworld.com/picture/...llLumbergh.png

Ahh, ya...Did you get the memo? We're putting cover letters on all the TPS reports before they go out. If you could go ahead and start doing that from now on that'd be great. I'll make sure you get a copy of that memo.


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