I was forced to resign after one written notice is that legal? placed on no rehire list?

Question

Help! I received 2 verbal warnings that I was not meeting the company standards at work, problem was trying to follow company policys on execution of jobs, was accused again of the same infraction next thing I get was two H.R. personnel advising me that I could right now resign or possible be terminated without notice and also that I would no longer beable to work at anyof the company locations the exact words were you have been black balled. Is that from a companies point of view legal? or can I take them to legal action.

Answer 1

No, you can't sue anybody. For crying out loud, you were warned several times that you weren't working up to standards demanded by your job. What would you want them to do? Keep you on payroll because you are good-looking or something?

Get over it. Most companies have an "at will" policiy which means they can fire you anytime without reason. You should feel lucky they gave you a coupla warnings.

You obviously didn't shape up - so you're out.

Answer 2

If you did not have a contract with your employer, (contract means that you agree to work for a definitive time period) you are an at will employee, and at will employees can be fired for almost any reason.

Your best remedy is to look at the employee handbook the employer gave you. Some states treat the handbook as a contract. Most handbooks will outline the steps that must be taken before the employer can terminate you, and if those steps are not followed, you may have a breach of contract action; i.e. first step--verbal warning; second step--written warning; third step--final warning; and then termination.

Your situation is very tricky since you resigned, so technically, you were not fired. The state you live in may treat a resignation the same as quitting, others may not.

Overall, if the steps in the handbook are different from the way in which you were asked to resign, you should consult an attorney for any legal action you may have.

Good Luck!

Answer 3

If you were given two verbal warnings and one written warning before you were asked to resign, that sounds like a lot more notice than most people would get before being canned for failure to meet the standards of your job.

Unless you hold civil service protection or are covered by a union contract that prescribes a specific procedure, such as a hearing before an impartial arbitrator where just cause must be proven, I doubt that you have any legal recourse.

Make the best of the situation, don't write nasty letters or threaten legal action unless you find an attorney who feels that you have a reasonable chance of success, and then let him or her write the letters.

Go out with your head held high. Remember word may get to other employers through channels both official and unofficial about how you handled your dismissal. Don't make things worse than they already are.

Answer 4

Nope. You blew it.

They can't "black ball" you for other companies, but they can place you on a do-not rehire list.

Why would you want to go back anyway. They don't want you and you apparently aren't very good at the job.

As long as they complied with their own policies on it, they're fine. Most companies keep and publish a very strict list of rule for what's grounds for termination. Matter of fact, your hire letter probably says that your employment can be terminated at any time without cause.

You know, companies hire employees to perform a job, up to a certain standard, if you couldn't do it after being given several warnings (and I'm sure tons of informal verbal warnings), why should they keep you?


Go find another job, that you CAN do. And then DO it.

Answer 5

assuming this is USA, as long as you where in a state where you where an at will employee then the company can fire you without cause, combined with when you where hired you where informed of the company polices one of those policy for infractions and the consequences

your problem is this when you where presented with the option to resign versus stay and maybe fired, you choose voluntarily to resign that means you quit without good cause connected to work most likely you can not collect unemployment benefits

Answer 6

If you are no longer with the company the options are more limited. I seriously doubt the company told you verbatum that "you are blackballed" because that is not above board type busines procedure. IF you quit you may not be entitiled to as many benefits as if you were fired. Now is a little late to plan a strategy on this because you already had three or more encounters and they covered their butt with those procedures. IF your job has a union that is the place to go

Answer 7

They can fire an employee without any reason. In your case, they tried to get you to do what they were paying you for. You deserved to be booted.

An employer is buying a certain amount of your time for HIS purposes. You have no right to use that time for anything else. It's like buying a car. Once you pay the money, it can't be used by the former owner. Same with an employees time. It becomes the property of the employer. Get in, or get out.
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Answer 8

Unless you can prove that your firing is the result of some sort of discrimination, you can really be fired for any reason. That a company has a policy of issuing warnings does not mean they are obliged to do so. To prove that you have been singled out for some illegitimate reason would be very hard anytime, and in your case, it sounds like they have documented instances of you not performing to their standards. Good luck at your new job.

Answer 9

Just having the option to resign is more than I would get in the same situation. If I got myself into your shoes, it would have been 1 HR person and 1 security person escorting me out the door and confiscating my work ID.

Answer 10

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