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Should I fight a forced resignation?

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11–20 of 26 posts

Re: Should I fight a forced resignation?

#11
An hour with an attorney usually brings clarity about your options in such a case. Very helpful (and not too costly) to go confidently into such negotiations.

You can also think of it as face-saving since you didn’t get fired but left on your own.

But no, I wouldn’t fight it, just see what you can negotiate before signing.

Re: Should I fight a forced resignation?

#12
post #6

if they want you gone you may be able to negotiate this to e.g. control the timing

There is things in my head that whoever is going to take over will need to know. Nothing crazy, but a LOT of stuff. I may look into this.

That’s not your problem. That’s your employer’s problem.

Re: Should I fight a forced resignation?

#13
Sounds like a toxic work environment and at an excessive commute. Perhaps it would be best to distance yourself from it. As several other HNers have noted, make sure you leave on the best possible terms for yourself. Being forced to resign is a sign that they know that they are in the wrong. Typically when on probation dismissal is not an issue, so why the manipulations? Seems like there is more to the situation than you able to determine. The "personality conflict" is strong hint.

Re: Should I fight a forced resignation?

#14
post #8

How does this work again? "Sign here that you are resigning" "No thanks, you'll have to fire me if that's what you are trying to do"

That’s literally the option I was presented. Thankfully since, it’s a State government organization, I have “time”. But the more I reflect, and the more feedback I get here here, I may go this route.

Maybe wait until you get an actual offer somewhere else.

Just treat it like any other time you would leave any other role.

If you wouldn’t normally casually resign without an actual written offer to go somewhere else, don’t.

Re: Should I fight a forced resignation?

#15
post #7

You might want to mention which country you're in. In some countries reasons need to be given for dismissal. In some countries you can be dismissed without cause. In some countries when you are dismissed without cause you are eligible for more benefits than if you resign.

The fact the country wasn’t mentioned means it’s almost certainly USA. ;)

Re: Should I fight a forced resignation?

#16
It depends on your circumstances. If the exit package offered covers more than six months of expenses and meets your needs, it may be wise to accept it. For instance, my exit package included a clause preventing me from discussing the events leading to my departure, but I accepted it to focus on supporting my family.

However, if no exit package is provided, it might be better to let them terminate your employment. This would give you the freedom to discuss their practices and warn others.

Re: Should I fight a forced resignation?

#18
Being it was a well known probation period, I would say not to fight it.

IMHO - the government, especially the US government has a hard time getting rid of people who do not fit in. As such they have their probation period to make life easier.

When I worked in regular industry, we liked to hire people as contractors first and if they worked out convert them. This avoided having to layoff people who did not work out. You just claim the need for their contract work went away.

DO you want to stay where they do not want you? Be active in finding a new job. Worked your hardest on delaying your departure, until you line up a new position.

Re: Should I fight a forced resignation?

#19
post #16

It depends on your circumstances. If the exit package offered covers more than six months of expenses and meets your needs, it may be wise to accept it. For instance, my exit package included a clause preventing me from discussing the events leading to my departure, but I accepted it to focus on supporting my family. However, if no exit package is provided, it might be better to let them terminate your employment. Th…

Yeah this right here. Make sure they are giving you better than what you’d do with unemployment and if not then let them fire you.

Re: Should I fight a forced resignation?

#20
Pros of resigning: Maybe maintain some relationships? Maybe HR will respond to future reference requests with 'you resigned' rather than "you did not work out". Maybe you can negotiate some severance pay?

Pros of being fired: Maybe eligible for unemployment insurance. Maybe it will take ages for them to do it, so you'll lose less income.

Apart from the considerations above, it's worth reflecting on the experience and what you might have done differently. Even if only 1% of the responsibility lies with you, there may be some valuable lessons. Your perspective on this situation may change a year from now, or 5 years from now.

There are stressful work situations from 10-20 years ago, where my perspective today is totally different from how I saw things at the time. And in some cases my perspective evolved several times in the intervening years.

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