Might be getting fired...

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sirstynkalot
Posts: 66
Joined: Sun Jul 06, 2014 7:54 pm

Re: Might be getting fired...

Postby sirstynkalot » Tue Dec 23, 2014 8:12 pm

B 90 is sounding very lawyerly right now.

This is the kind of thinking we're supposed to learn next year. AFAIK C&F is about honestly saying "I did not do this," or "I did do this." They have published metrics they weigh you against. It might be worth looking those up if you want to put your mind at ease.

Being able to answer "no" to questions is better than giving an excuse or explanation to those guys, I'm pretty sure.

My untrained opinion is that holes in a resume never look good and changing is better than stopping. It's one way to show you want to be a desirable employee. If they terminate you after several years, oh well. You know how often young people are unemployed, underemployed, or bouncing from job to job? In my town it's about three in four.

You're fine. Relax and be grateful you don't have to try to explain a felony.

Andrew1012
Posts: 6
Joined: Sat Dec 20, 2014 9:15 pm

Re: Might be getting fired...

Postby Andrew1012 » Wed Dec 24, 2014 10:14 am

Thanks so much for the advice! Here is how the situation has unfolded:

I went in for my shift on Sunday and I put in my voluntary resignation, terminating my employment with the company on Saturday, Dec 27, after my final shift. I asked if any of this situation would be put on any kind of background checks or anything. His response was that the company is not allowed to give information or a review for a former employee. The only thing this company can say is that "Yes. X worked for our company from Y to Z," that's it. They cannot give any information on WHY that employee left the company and they cannot give any information on if it was on voluntary or involuntary terms.

I texted my manager that night and asked if he put in my resignation forms (so that I can resign before HR fires me, if that is the case). He said that he cannot officially put it into the "system" until after my final shift on Saturday, Dec 27.

I went in the next day and resigned immediately. However, I got all of my shifts covered and wrote up a letter explaining who was covering my final shifts and I had my manager sign and date it so that they cannot fire me for "job abandonment." In addition, I wrote a letter that states the following:

I am voluntarily separating from X as of today, December 22, 2014. This is due to strictly personal reasons as I have been offered another opportunity that begins immediately. X has been a great place to work and I wish its team the best int he future.


My manager signed this, dated this, and I made copies.

As for the underlined, I actually have been offered another opportunity working for a former biglaw lawyer at a firm he is opening up. I technically met with him about this job opportunity a month ago and he said to e-mail him a month from then. I got an e-mail back from him yesterday and he said that I can start working for him. Is that perjury? I assumed it wasn't because it is true, it just isn't put in some kind of formal documentation. We have just been meeting in person and through e-mail.

In addition, I made a copy of my voluntary resignation form with the correct dates. My manager signed it too.

How am I looking now?

run26.2
Posts: 896
Joined: Thu Jul 01, 2010 1:35 am

Re: Might be getting fired...

Postby run26.2 » Wed Dec 24, 2014 11:21 am

Responding to B90.
First off, “perjury" doesn’t apply in this situation. You don’t make your C&F statements under oath.

Second, even if perjury were in play, the definition of perjury includes misleading statements. So if you sought another job because you knew you were about to be fired, after learning that you were going to be fired, and then said that you didn’t do it for that reason (that seems to be the hypo you proposed), don’t you think most people would say you were either lying or providing a misleading statement?

Back to OP’s situation. The C&F forms I have seen, and filled out, use words like “candid” and “frank” and “truthful.” They provide a space for explaining these types of situations, so that something which might look bad (you were almost fired) can be shown not to be a big deal. I don’t think the evaluators craft the language in such a way that they intend for clever people to figure out how to get around disclosing information.

That said, they’re often wiggle room in their language, so it is possible to figure out a way around the questions. But you have to ask yourself if you have provided candid, frank, truthful information.

OP, as far as your situation goes, the fact that you were looking for another job before he resigned may take you out of the literal language of the form. But if not, it will be on you to decide whether not disclosing it is being frank, truthful, etc. Like other situations in life, the C&F evaluators (or whoever else is asking) may not be able to prove the falsehood of your situation. It’s up to you and your conscience to decide if you have been truthful.

It is most likely to be worse if you’ve acted to get around the rules and it’s found out later than if you disclosed it up front.

Username123
Posts: 742
Joined: Tue May 03, 2011 2:26 am

Re: Might be getting fired...

Postby Username123 » Wed Dec 24, 2014 11:48 am

Isn't this kind of blown out of proportion? OP didn't want to risk getting fired from a crappy job, according to him, and felt his job security was in question, therefore found another job. Wtf is with this perjury stuff lol good job on finding another job and good luck, OP.

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fats provolone
Posts: 7125
Joined: Thu Oct 30, 2014 4:44 pm

Re: Might be getting fired...

Postby fats provolone » Wed Dec 24, 2014 3:49 pm

Uschoolqb10 wrote:Isn't this kind of blown out of proportion? OP didn't want to risk getting fired from a crappy job, according to him, and felt his job security was in question, therefore found another job. Wtf is with this perjury stuff lol good job on finding another job and good luck, OP.

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B90
Posts: 264
Joined: Wed Sep 26, 2012 3:08 pm

Re: Might be getting fired...

Postby B90 » Thu Dec 25, 2014 1:33 am

[quote="run26.2"]Responding to B90.
First off, “perjury" doesn’t apply in this situation. You don’t make your C&F statements under oath.
[quote]


Sorry I didn't make this clear, but although I was honestly giving suggestions, I was using sarcasm/humor when I used the term "perjury." People seemed to be suggesting it would be a horrible lie/fraud to say "No" when asked if you were fired or left out of fear of being fired. People leave retail jobs all the time. There is nothing to explain. Clearly, OP was stressing out unnecessarily, which is what 0Ls do. I did it too.
My point was that there wouldn't be any C&F issues/flags raised.
Even if they contacted this employer and asked why he left (which isn't likely), the employer would not say he was about to be fired. If asked if OP left on good terms, they would have to say yes. HR departments know better than to say something derogotory about a former employee. Generally they will only say the dates the personworked there.

Also, I agree it was blown out of proportion. That was my point. Sorry, if I inadvertently contributed to that.
Last edited by B90 on Thu Dec 25, 2014 1:58 am, edited 2 times in total.

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JohannDeMann
Posts: 13831
Joined: Wed Mar 12, 2014 4:25 pm

Re: Might be getting fired...

Postby JohannDeMann » Thu Dec 25, 2014 1:54 am

Was fired from a similar job. No c&f issues.




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