Losing job...

aliann25 · August 2013

I just found out that I'm going to be losing my job. They told me I have to put in my resignation or I'm going to get fired. They said I can't continue working passed the middle of October. What's really messed up about it is they aren't telling me the real reason why they are doing this. They said it is a skill level issue, but I have been here for two years and have never had a negative review! I feel completely blind sighted and targeted. A few weeks ago, my manager (a family friend that helped me get the job) was forced to quit. And now me! I am the primary care for my daughter. I make more money than my husband. My husband is in California while we are here in Maine. We can't join him until November. I don't know what to do! HELP!

Kewii · August 2013

I don't know the law in Maine, but I'd definitely hesitate to resign. You might not be entitled to severance or unemployment depending on state laws. It might be worth chatting with an attorney who can help with this.

aliann25 · August 2013

If I quit, I can't get unemployment. And I have only been here for 2 years so I don't get a severance package. I never thought about talking to an attorney. I'll look into that.

Mustardseed2007 · August 2013

Severance packages are more a product of negotiations rather than linked only to term of service. There isn't any law or regulation or commandment that says you have to work 5 years or more to get severance. They are between you and the company.

In exchange for severance you will likely have to agree that you won't sue them, and that may be something they are willing to do if you are being fired for some odd reason they won't explain to you.

It's really odd that they tell you that you need to resign and can't work past October. Normally if they really want you gone at our company they are walking you out, even if it's not personal. And if they want you to quit they are offering you severance.

Fullcircle06 · August 2013

Honestly, I would not resign. I'd let them fire you. Talking to an attorney may not be a bad idea, either.

daisy662 · August 2013

Do you have an HR department? I would start there. It would be odd for them to terminate you for performance without having any documentation in your file. Let us know what happens. I am in HR and can help guide you if needed. Best of luck!

ss+el · August 2013

Ditto on not resigning. Make them terminate you. They are probably trying to get you to resign because they don't have cause for disputing your eventual unemployment claim. Do you have it in writing that they asked you to resign, just in case they find a reason to fire you "for cause" in the meantime?

aliann25 · August 2013

I never got it in writing. My manager is out of work until Wednesday but I'm going to have him put it in writing. And I think I've decided to fight for my job. I know I'm leaving in November, but I have never given them a reason to fire me. So I am going to continue working as hard as I do, talk to an attorney, and if they fire me, I'll be able to apply for unemployment. I have already started looking for other jobs just in case. Thank you for your advice and I'll be sure to keep everyone updated on what's going on!

RibbitGrl930 · August 2013

First of all, that sucks. Nearly the same thing happened to me a couple of years ago and I was devastated. Now to the main point of my post: I don't say this to sound critical, but if you are voluntarily leaving in November, what is the major difference in voluntarily resigning in October? Contacting ( and eventually paying for) an attorney and going through what could be a huge legal battle seems like too much trouble for one more month of employment. Again, not discouraging you from fighting. I assume there is a good reason, which is why I asked.

Mustardseed2007 · August 2013

I don't know that I would spend money on a lawyer for this, but I wouldn't quit unless they are giving you a severance. Work until they fire you and then apply for unemployment.

If they say it's for cause, then the unemployment commission will ask for documentation before denying your claim and they won't have any unless they come up with some in the mean time.

Make sure you are coming into work on time and working hard.

aliann25 · September 2013

The difference in me leaving in October or November is that one month of pay. I make twice as much as my husband and we can't afford to lose 2/3 of our income right now. I have to get me, our daughter, and our car out to California. And we haven't been approved for housing yet so I don't actually know when I'm going out there.

82Sonia · September 2013

You said that you haven't been approved for housing yet. Is your husband in the military or are you talking about subsidized housing? I ask because if your husband is military, you may have some sort of legal assistance program available to you.

Do you have access to the Employee Assistance Program through your employer? They generally offer limited legal advice for no cost. They might be able to help you make a more informed decision on what to do.

rachelsholiday · September 2013

Oh my gosh! The only thing I would add to all this great advice is that there are usually lawyers that can consult with you pro bono on issues like this so you don't have to spend the money to hire a lawyer.

FemShep · September 2013

Definitely do not resign. Tell them you're willing to negotiate severance, but you have no intention of resigning, and you've consulted an employment lawyer (even if you haven't) to be sure you're fully aware of your rights. Ask for three months of severance, and see what happens.

Good luck!

CarrieB. · September 2013

Do they know you are leaving in November? Two years ago, I put in my two weeks notice bc I got a new job (my current job) and a couple days they gave me some BS about the confidential nature of my work and escorted me out. I think some employers are just jerks and looking to save a buck, if they know you are leaving anyway.

SimpleJane · September 2013

Maine is an at will state, you can be let go for any reason aside from discrimination, or for no reason at all. I have lived in Maine my whole life and my XH just went through something similar.