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"resigned or been requested to resign in lieu of impending or anticipated disciplinary action"

Posted: Wed Jul 17, 2019 12:22 am
by TLSAthos
I’m probably over thinking this but just wanted to see if anyone has been in a similar situation. I will be applying to waive into another state and one question is “Have you ever resigned or been requested to resign in lieu of impending or anticipated disciplinary action by an employer.”

I started practicing in BigLaw about eight years ago. After two years I was unhappy with my firm for a variety of reasons and looked to lateral. A couple of weeks into my lateral search I had a meeting with the practice group manager to the effect of “we need to see your work improve, let’s meet again in two months or so to discuss.” I ended up finding what I wanted and lateraling to another firm before that two month meeting and have been happy since. The partner was amicable and even a bit complimentary when I put my two weeks in.

My initial thought is that this waive in question does not apply to my situation but applies to people who were outright told “you can resign with your name still on the firm site for a couple months or you will be fired today.” I just wanted to see if anyone here has faced any similar situation or has any insight.

Re: "resigned or been requested to resign in lieu of impending or anticipated disciplinary action"

Posted: Wed Jul 17, 2019 1:58 am
by 64Fl
Yeah, I don't think you have anything to disclose here.

Re: "resigned or been requested to resign in lieu of impending or anticipated disciplinary action"

Posted: Wed Jul 17, 2019 5:01 am
by goodkarma56
Agreed. Per those facts, OP, I don't think that you have anything to disclose with respect to that question/issue.

Re: "resigned or been requested to resign in lieu of impending or anticipated disciplinary action"

Posted: Wed Jul 17, 2019 8:08 am
by Lancair
To me, “disciplinary action” implies some sort of misconduct other than unsatisfactory performance. Eg - please resign because we caught you submitting false expenses or creeping on co-workers, not because your billables are low.

Re: "resigned or been requested to resign in lieu of impending or anticipated disciplinary action"

Posted: Wed Jul 17, 2019 8:39 am
by encore1101
Doesn't seem like it fits.


Being asked to resign in lieu of impending termination usually sounds like "You can either quit, or you can be fired." You were told "Improve your work, and let's reassess in a few months." They may have been dissatisfied with your work, but it didn't reach the level of asking you to resign yet.

Now, they may have been planning on saying something to that effect at that meeting two months away, but we'll never know since that meeting never occurred. I think you can consider in good faith that this incident doesn't apply.

Re: "resigned or been requested to resign in lieu of impending or anticipated disciplinary action"

Posted: Wed Jul 17, 2019 8:42 am
by icansortofmath
Lancair wrote:To me, “disciplinary action” implies some sort of misconduct other than unsatisfactory performance. Eg - please resign because we caught you submitting false expenses or creeping on co-workers, not because your billables are low.


Agree with this. I don’t think underperformance fits.

Re: "resigned or been requested to resign in lieu of impending or anticipated disciplinary action"

Posted: Wed Jul 17, 2019 9:59 am
by objctnyrhnr
I’d go a step further and say that the precise reason that these stealthy push outs are a thing is literally so one does not have to disclose them as standard adverse employment action in these and similar contexts.

So yeah—don’t disclose.

Re: "resigned or been requested to resign in lieu of impending or anticipated disciplinary action"

Posted: Wed Jul 17, 2019 12:34 pm
by SFSpartan
There is really nothing to disclose here. This is really asking if you've ever had a meeting with an employer wherein an employer told you that you could resign or be fired. That isn't what happened to you (and is the exact reason that firms schedule these meetings, do stealth departures, etc.)