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Possible legal issues; asked to resign, file shows termination instead

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Initial post linked below for full backstory.

I submitted a resignation letter upon request from management at less than 2 months into the position. The resignation, I was told, would have allowed for rehire within that same organization and should future employers contact these employers, they could only say that it didn’t work out. The other option given to me was to refuse resignation and be terminated instead, which would show up in my file making it impossible for rehire in the organization and should these employers be contacted by future ones, they could essentially say anything they wanted about me and my time there.

I just happened to check my file, and lo and behold, it says that I was terminated. The only piece of evidence I have of my resignation is a printed out copy of my statement with the date and my signature. 

I emailed management and am about to contact HR because I need to know how this will show up and how I must address it in future job endeavors. 

I should have asked to record the entire conversation. Next steps? Legal actions?

Initial post:


Edited by submarine
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1 hour ago, submarine said:

@rev ronin

Thanks for the response Rev. My funds are now tied due to this unexpected event and so the probability of consulting a lawyer is slim to none. Any other thoughts?

Ask them in writing to change it, noting that you'd resigned, not been terminated for cause.  Also, write it nice, because you don't have evidence or money to go get a lawyer and sue, so what you really want is the status to say you resigned.  Most HR departments will have no problem making that sort of a change, even if your own line management thinks they fired you, because it's a cheap change and avoids a fight.  They may guess you can't afford a lawyer, but who wants to risk that?

Unless you did something that would be called gross misconduct--groped a patient or an MA, for instance--they shouldn't have an issue doing that.

Also, make sure you clearly understand how they code "was terminated for cause" and "resigned", because it may be a matter of semantics and it just looks bad to you, but isn't.

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ask friends ad family or talk to the attorney diretly

you need representation

I like the idea of a nice letter emotionally, but don't do it

I ended up destroying a legal case I had (simple case with triple damages) because I made ONE phone call.v(six figures)

You need an attorney now that does employment law.

Likely just the threat of legal action on legal letterhead will change you case as they have likely NO evidence to support their decisions and certainly no paper trail (as well as the probationary period is just that) 

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