nadem
12-05-2006, 01:23 PM
I need advice. My boss called me into his office and advised me that he isn't seeing the productivity that he wanted out of me. I missed one deadline and he told me that I had two choices. I could resign, or be fired because he has been building a case against me for HR. However, he never showed me the case and has never given me a write up for performance, which is against company policy. Can you give me some advice on this situation please?
Unfortunately, a violation of company policy does not give you any legal recourse; nor does the law require that you be given any warnings or write ups. He doesn't even have to show you what he's been building against you; under the law all he has to do is say, "Nadem, your services are no longer required". Quite frankly, unless you have any internal procedures that you can go through, your options are to either resign or allow them to fire you, and either way, file for unemployment. (A resign or be fired choice almost always allows you to collect unemployment even if you choose the resignation.)
ScottB
12-05-2006, 03:03 PM
Company policies are not law and rarely will you find yourself being able to take action against a company for not complying with its own policies.
I don't see a big difference between being fired or being forced to resign rather than be fired, but for what the employer would tell future prospective employers. "He resigned" sounds so much better than "He was fired," but a good recruiter will dig deeper and try to uncover the details anyway.
Poor productivity is not a career killer and NOT a reason to deny unemployment benefits without misconduct involved (like deliberately not performing for some reason).