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Resigned Prior to Termination for Cause

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  • Resigned Prior to Termination for Cause

    Good Morning:I
    live and work in Arizona and on Dec 15th 2004, I had to submit to a random on-site alcohol/drug test. I passed the breathalyzer portion (I hardly drink at all), but I knew I would fail the drug test portion as I've been a regular user of marijuana for several years (yes, I violated Co policy and I accept responsibility for my actions) as a way to relax after a hard days work (I never smoked in the morning and I was one of the top people in the company and I never failed to receive merit increases). In order to avoid a termination, I thought it best to resign so on Dec 16th 2004; I called the HR director and informed her (to voice mail) I was resigning my position and the reason why. I emailed my supervisor from home and informed him as well. My supervisor emailed me back right away and called me a few minutes later to ask why I was taking such action as it was completely out of character (I've always been a dependable team player). I was honest with him and told him the reason why I was resigning and he indicated he would try to speak with the HR director to see if he could retain my services, I never heard back from him, so I assume the HR told him to keep his mouth shut and cease all contact with me.My question is, if I resigned prior to any notice of termination (I never received any notice via mail email or phone regarding drug test failure) can my former employer indicate to any prospective employer that I was terminated for cause?Also, I have yet to receive any notice from my former employer regarding COBRA benefits and it has been 29 days since I resigned. Don't they have to notify within 14 days?
    Thanks.

  • #2
    Cobra

    While it is impossible to say what your former employer may say to a potential employer, chances are that your former employer will not give the reason for termination. You may wish to contact your former employer and ask them for what they would say. Follow it up with a letter, letting them know that they should say that you resigned.

    As far as COBRA is concerned, they should have notified you by now. That may be the opening that you need to call the head of HR for your company...asking about COBRA and then getting into the release of information to others.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Just Called HR Director

      Thank you so much for your reply.

      I contacted the HR manager and she informed me that my insurance is still in effect and that she had yet to notify the carrier of termination of coverage, so at least I still have insurance for now. She has yet to mail out the COBRA package to me and indicated that she would complete it today (I've heard that one before) and I should have it by the end of next week.

      Isn't there some requirement for the company to advise me of COBRA rights within 14 days? Also, would that be 14 business days or 14 calendar days?
      In addition, since they did not terminate coverage at the end of December, do you think it wise to raise a stink at this time?

      I also inquired as to what the company would say to prospective employers and she said that they would provide employment dates and salary information and would give no indication as to why I was no longer employed (resignation or termination).
      Thanks again for your assistance and I feel very positive about my future prospects.

      Comment


      • #4
        Cobra

        They must notify you after your coverage has ended. Since it hasn't ended, they didn't have to notify you yet.

        I'm glad you are optomistic about your prospects. I wish you the best of luck.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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