Quit of be fired...***FINAL Update 3/31***

It's come down to that with my job. Just found out today in a meeting with my boss. Of course he was not that harsh about it but it's what it boils down to.

Been told it is better to quit than to be fired. If that's the case, my 2 weeks notice has to be in by Monday. Either way, I'm done at the end of the month

 

Re: Quit of be fired...

If they are forcing you out due to your disability, I would let them fire you. One, if you are fired due to anything other than "just cause" (i.e. you stole from the company, told your boss to go jump in a lake, or committed some error that cost the company money), you will get unemployment (which you don't get if you quit). Second, if your being let go is in any way related to your condition, you may have legal recourse, which you won't have if you quit.

Think long and hard before you let them make you quit. There are times when it makes sense to quit, but you will also be foregoing unemployment, and you also give up any rights to file a discrimination suit (if this is what's going on). Know the benefits of quitting vs. being let go before you make your decision.

 

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I wouldn't collect unemployment because I'm only part time.

 

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Been there-done that--DON'T!!!!!! The best thing that you can do RIGHT NOW is call an attorney or a free legal aid clinic in your area to advise you. It may not matter WHY you are being asked to resign. The employment laws are very specific. Your rights as an employee are very specific. Even if your disability has nothing to do with why you are being asked to resign, they may be way off base just asking you to resign. Check with a legal source before you do anything. Good luck!

 

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I can't physically or emotionally handle any legal battles, much less the financial aspect. I'm not mad at their decision at all; I respect their decision...

 

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You don't have to be"up" for a legal battle. Just knowing your rights and what your employer can and can't legally do might be enough info for you to negotiate a severance package or something that won't leave you high and dry now and also might leave the door open for re-employment in the future. It's NEVER a good idea to quit and just walk away. If for no other reason than unemployment.

 

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In general, if you were to address this legally, you would not be paying money -- this type of thing is generally done in such a way that if you have a case and if you win, the law firm gets a percentage of the winnings. However, if you don't want to be involved in any kind of legal issue of any kind, then it's a non-issue. That said, I would still consider consulting an attorney (consultation is free) just to see what they say. Because even if you don't want to be involved in a lawsuit now, that doesn't mean you may not feel differently later. And it never hurts to know your rights.

Can you afford not to work at all? If so, does it matter whether you quit or get fired? Would you get a recommendation if you quit? Would you get one if you were fired? I'm just not sure what the benefit would be of you quitting vs. being fired. If you quit a job without another job lined up, people who are interviewing you generally assume that you were fired, or about to be fired, since people almost never quit a job until they have a new one.

So unless there is a clear cut benefit to quitting, I'd still make them fire you. But that's me. IF you feel you would get some advantage from quitting, then go for it. But really, you may want to at least consult an attorney. Even if you do nothing about it, it's always best to know your rights. The fact that they are trying to make you quit rather than just firing you outright suggests that they believe that it is in their best interests for you to quit. That suggests to me that there's a good chance it's in YOUR best interest not to (since clearly your interests diverge here). But again, that's just my take.

List the pros and cons of each, and decide from there.

 

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They have been more than accomidating towards my medical situation. I've had multiple discussions about my attendance. I saw it coming because I was given many many chances.

 

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I would get recommendations and a possible rehire in the future if I leave on my own. If they fire me, none of that counts.

 

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My employer put me on long term sick leave leading toward disability after 180 days off. Is that a possibility for you? What would you do for health insurance with quitting or being fired? Is there an option there? Good luck with your decisions. Tough ones.

 

Re: Quit of be fired...

Do not quit. Your employer is getting out of paying for your unemployment insurance that way.

Get free consultation with a disability lawyer or labor law lawyer. You can go to yellowpages.com and find one with a free consultation. And you can go to the EEOC (equal opportunity employment) because it is against the law to discriminate anyone with a disability.

Birdmom3

 

Re: Quit of be fired...

I agree: DO NOT QUIT. You do not have to fight, see a lawyer or pay money but let it be the company's decision, not yours. This will leave your options open in the future...You will not be sorry. VK

 

Re: Quit of be fired...

I can't get job recommendations if I'm fired though.

I'm starting to regret posting this. I know that everyone here means well but I'm so overwhelmed... I have to make the ultimate call myself...

 

Re: Quit of be fired...

The main reason I think people are telling you not to quit is for unemployment benefits. Whether you work FT or PT you do get unemployment. But then of course there is that gray area of whether you are ready, willing and able to work in order to seek unemployment benefits. If your medical issues are preventing you from working and even seeking another job...you may not be qualified for unemployment benefits. Employers are not allowed to say much for job recommendations other than if you worked at a place or not.

 

Re: Quit of be fired...

whithallfan,

Have you considered going on disability? That's what it's here for, for when this disease takes our ability to work. Perhaps a letter from your boss would help start the ball rolling?
Have you considered filing FMLA (you have up to a year) to protect your position?

I know how overwhelming it can be to deal with the legal system. Especially while being sick, it seems too much.
I'm just wondering if this can be used to your benefit in the long run. If you quit, (or are fired) due to MM, that makes you a prime canidate for SSD.
Take it easy and don't stress too hard, remember it's only a job. A job is simply something to do during the week to get money, the important things in life are family and friends.
Hang in there,
Aryn

 

Re: Quit of be fired...

If you are going the disability route, maybe you want to ask a lawyer which would be the better choice to make your case. I am sorry you are faced with this situation.

 

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Hi, i just wanted to say i feel bad for you having to face this decision..when i left my last job it wasnt due to them wanting me gone but i chose to leave because i couldnt perform my duties any more and i didnt think it was fair to make everyone else have to do their job and mine.. I just made the decision that was right for me as you have to do what you think is right.. Good luck to you.. Maybe you could ask your employer for a letter stating that you have missed work due to vertigo or what ever may be the case and how often you had to miss and maybe if you tried going the disability route then it may be helpful to your lawyer.. Well just my 2 cents worth.... Peg

 

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I don't know enough about the topic to give meaningful suggestions, but I feel so sorry for your situation.

 

Re: Quit of be fired...

So sorry to hear............Lisa

 

Re: Quit of be fired...

I've been on disability before, but not because of my MM, for my blindness. I'm just going to end up resubmitting my paperwork to SSA to get back on it.

I'm not the type to give into anything and become a statistic. Please do not take that disrespectfully. That's always been my way of thinking; I'm too young to completely give into anything. Sure, there are more times than not where I'm not feeling well but when I feel good, I don't want to be stuck with nothing to do.

About to leave for work again... Going to talk to HR about my case; I was open and honest about it from the getgo but as my boss repeatedly tells me, "Your health has got to come first."

As I've stated before, his mother had MM so he knows very well what it can do to a person, much less one like me with multiple medical challenges.