I will be fired from work this Friday, do I resign or let them fire me

(On Campus Interviews, Summer Associate positions, Firm Reviews, Tips, ...)
Forum rules
Anonymous Posting

Anonymous posting is only appropriate when you are revealing sensitive employment related information about a firm, job, etc. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.

Failure to follow these rules will get you outed, warned, or banned.
User avatar
MKC

Diamond
Posts: 16246
Joined: Thu Jun 14, 2012 10:18 am

Re: I will be fired from work this Friday, do I resign or let them fire me

Postby MKC » Sat Jul 09, 2016 2:01 am

El Pollito wrote:that's beyond sketchy, although i don't think it would impact unemployment on the employee's end.

i've seen foreign companies innocently adopt a probationary period in the US because they're the norm in non-at will countries, but any company that advertises the probationary period to prospective employees has to be toxic.


My 1L summer I worked in house, and my paycheck came from some temp agency. It was an awesome position, and it was paid, so no complaints, but I'm pretty sure the temp agency was there to insulate them from any employment law issues that might have arisen.
Last edited by MKC on Sat Jan 27, 2018 5:22 pm, edited 1 time in total.

User avatar
zot1

Gold
Posts: 4474
Joined: Thu Jan 31, 2013 12:53 am

Re: I will be fired from work this Friday, do I resign or let them fire me

Postby zot1 » Sat Jul 09, 2016 3:20 pm

So what happened?

kaysta

Bronze
Posts: 112
Joined: Mon May 23, 2016 11:58 am

Re: I will be fired from work this Friday, do I resign or let them fire me

Postby kaysta » Sat Jul 09, 2016 3:44 pm

Anonymous User wrote:Just keep in mind that you apply for fed gov jobs, they will ask if you have ever been fired from a job and some of them run more extensive background checks by speaking with your former coworkers/employers. I don't know if you ever wanted to do fed gov, but that's something to keep in mind.

Since this keeps getting bumped I may as well say, this isn't how it works. Yes, you'll need to disclose that you've been fired. It won't become an issue unless other factors come into play.
For one, investigators have done this many times and they're pretty good at discerning a shittalking former colleague/boss with a grievance from an actual security issue. For another, I;ve read through a ton of denied/revoked clearance investigations, and "let go for lack of experience" is not the way these things are framed .
Obviously "misrepresentation of skill level" would be a potential issue but in your case I think this takes us back to my first point.

User avatar
A. Nony Mouse

Diamond
Posts: 29317
Joined: Tue Sep 25, 2012 11:51 am

Re: I will be fired from work this Friday, do I resign or let them fire me

Postby A. Nony Mouse » Sat Jul 09, 2016 3:53 pm

Yeah, I'm not sure where people ever got the idea that being let go was per se some kind of C&F/background check issue. People get fired from jobs all the time, for reasons that employers aren't going to care about. Embezzling funds, sure. Not being the right person for that job - doesn't matter at all.

User avatar
lacrossebrother

Platinum
Posts: 7150
Joined: Wed Jul 30, 2014 11:15 pm

Re: I will be fired from work this Friday, do I resign or let them fire me

Postby lacrossebrother » Sat Jul 09, 2016 4:42 pm

El Pollito wrote:
MarkinKansasCity wrote:
El Pollito wrote:the concept of a probationary period is literally meaningless in the US


BLL: Employment at will is the general rule, except that there is literally nothing not covered by an exception.

but not really

I don't know what bll is, but I'd definitely say the exceptions have swallowd the rule of employment at will. If a termed EE challenges anything, the first question asked is "what's your legitimate reason for terming them?" I don't get how pointing that out is responsive to the fact that probationary periods are pointless

User avatar
El Pollito

Diamond
Posts: 20141
Joined: Tue Jul 16, 2013 2:11 pm

Re: I will be fired from work this Friday, do I resign or let them fire me

Postby El Pollito » Sat Jul 09, 2016 5:02 pm

lacrossebrother wrote:
El Pollito wrote:
MarkinKansasCity wrote:
El Pollito wrote:the concept of a probationary period is literally meaningless in the US


BLL: Employment at will is the general rule, except that there is literally nothing not covered by an exception.

but not really

I don't know what bll is, but I'd definitely say the exceptions have swallowd the rule of employment at will. If a termed EE challenges anything, the first question asked is "what's your legitimate reason for terming them?" I don't get how pointing that out is responsive to the fact that probationary periods are pointless

tbf legitimate reason for term comes into play for lots of reasons, not just bc of employment at will not existing. we usually ask to make sure it was non-discriminatory, but i think employment at will is still firmly the dominant rule.



Return to “Legal Employment�

Who is online

The online users are hidden on this forum.