forced to resign

[forcedtoresign]

My wife was forced to resign. She was asked to attend a meeting by her supervisor. In the meeting, the HR told her that due to her bad performance she has to resign on the spot for will be fired. When my wife wanted to call me before she made a decision, she was told by the HR that my wife cannot call me or she cannot leave the room until she makes a decision. My wife did not have a choice but to resign. Is that legal? Can the HR say that to my wife?

 

[shrinkmaster]

They could not keep her there nor force her to resign. Tell her to file for UI benefits and when denied appeal

 

[army judge]

My wife was forced to resign. She was asked to attend a meeting by her supervisor. In the meeting, the HR told her that due to her bad performance she has to resign on the spot for will be fired. When my wife wanted to call me before she made a decision, she was told by the HR that my wife cannot call me or she cannot leave the room until she makes a decision. My wife did not have a choice but to resign. Is that legal? Can the HR say that to my wife?

Unless physical force was used, a gun or knife was pointed at her body, her claim about being made to resign probably won't hold much water.

Was she accused of anything besides "poor performance"?

If I were your wife, I'd file for unemployment and indicate she was threatened with being fired, UNLESS she resigned.

The UI bureaucrats will try to claim she resigned, but I'm sure the issue of "poor performance" will surface.

When it does, it will assist your wife in at least obtaining unemployment benefits, assuming she otherwise qualifies.

You can receive UI benefits for being fired for "poor performance", but not for misconduct, theft, fighting, insubordination, etc...

 

[cbg]

No laws were violated here. Your wife did not have an inherent right under the law to call you, and there is nothing illegal about a resign-or-be-fired scenario.

However, she will almost certainly qualify for unemployment. She needs to make sure it is clear in her claim that she was told she would be fired if she did not resign.

 

[Betty3]

It would probably have been best for unemployment ins. purposes not to have resigned but let them fire her. However, I will say that in this case of resign or be fired her chances of getting UI are good but it's the state's decision.