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Any employment lawyers around here?

My Dbag employer/boss has asked me to resign and give my 2 weeks notice since he thinks I'm not productive even though my government customer likes me and I think will be pissed to see me leave since we're so busy. It's a 20 person company working for the Army and the owner is trying to push me out. He wants to avoid a nasty situation where they debate why I'm leaving so he wants me to go quietly like I don't want to be here. I'm ready to leave but if I resign I won't get unemployment insurance since I quit versus getting fired. The downside is if I don't resign he can just fire me next week and then I miss out on 2 weeks pay which is like $6K. That's about the same amount I would get from unemployment. Can I just resign and then file for unemployment anyway claiming that my employer threatened to fire me if I didn't resign, in effect it is a firing even though I gave him a resignation letter? There will be plenty of people to back me up if it comes to that who will be able to say he asked me to resign. I'm an old fart and am ready to retire anyway so if I never work another day in my life I could still retire in good financial shape. Just hate being coerced into resigning just so he can save face and make me look like the quitter.
This is your chance to go out in a blaze of glory, especially if you don't need the money or another reference. You don't have to kiss this guys ass anymore: tell him to kiss yours and to go f himself, in front of everybody! This is a matter of principle and standing up for yourself, which is worth many times more than 6-10K. Plus, you could roll the dice on unemployment and say that you were technically let go for no reason (disclaimer: not an employment attorney!): what have you got to lose? Maybe your employer won't challenge your claim.

I did this right before I went to law school. I was a bank office grunt, had just paid off my undergrad student loan debt, couldn't stand being there for another second, and my bosses were bums with less education that me. It took me out of the running for unemployment because I was deemed "insubordinate" or some nonsense. I'm still glad I did it, and you are in a much better financial position than I was.
 
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This is your chance to go out in a blaze of glory, especially if you don't need the money or another reference. You don't have to kiss this guys ass anymore: tell him to kiss yours and to go f himself, in front of everybody! This is a matter of principle and standing up for yourself, which is worth many times more than 6-10K. Plus, you could roll the dice on unemployment and say that you were technically let go for no reason (disclaimer: not an employment attorney!): what have you got to lose? Maybe your employer won't challenge your claim.

I did this right before I went to law school. I was a bank office grunt, had just paid off my undergrad student loan debt, couldn't stand being there for another second, and my bosses were bums with less education that me. It took me out of the running for unemployment because I was deemed "insubordinate" or some nonsense. I'm still glad I did it, and you are in a much better financial position that I was.
The d-bag employer and every manager would be thrilled if people would quit instead of laid off or fired.

My only advice is you don't have to make their jobs easier for them. He will probably think the poster is a sucker if he can convince him to potentially harm himself so the d-bag can walk away free and clear. You don't have to be rude, just stand up for yourself. The request to kiss your ass will be implied and understood. Let him be the d-bag. The rest of the employees should take notice of how yhis went down and start sending out resumes.
 
The d-bag employer and every manager would be thrilled if people would quit instead of laid off or fired.

My only advice is you don't have to make their jobs easier for them. He will probably think the poster is a sucker if he can convince him to potentially harm himself so the d-bag can walk away free and clear. You don't have to be rude, just stand up for yourself. The request to kiss your ass will be implied and understood. Let him be the d-bag. The rest of the employees should take notice of how yhis went down and start sending out resumes.
Reminds me of Costanza when the Play Now higher ups were trying to get him to quit.

 
Find something in the workplace that hurts you, water on the floor, errant staple flying through the air, make it bleed. (2nd option, say this all started because you turned down a sexual advance from this punk ass bitch boss). Make damn sure an ambulance ride is required. Milk this out like the freezer is on the fritz at Ben and Jerry's.
 
i love these you tube tutorials.

i believe here's the exit negotiation one you're looking for.




YES this. You are not owned by the moment, you OWN the moment.

Outside of that, the one evidence piece in this was that the boss doesn't want the truth to be in front of the board. Why is that? THAT right there is what we call leverage. Use that pry bar to your advantage. Own that prick. But I will go back to my passive ways now.
 
My Dbag employer/boss has asked me to resign and give my 2 weeks notice since he thinks I'm not productive even though my government customer likes me and I think will be pissed to see me leave since we're so busy. It's a 20 person company working for the Army and the owner is trying to push me out. He wants to avoid a nasty situation where they debate why I'm leaving so he wants me to go quietly like I don't want to be here. I'm ready to leave but if I resign I won't get unemployment insurance since I quit versus getting fired. The downside is if I don't resign he can just fire me next week and then I miss out on 2 weeks pay which is like $6K. That's about the same amount I would get from unemployment. Can I just resign and then file for unemployment anyway claiming that my employer threatened to fire me if I didn't resign, in effect it is a firing even though I gave him a resignation letter? There will be plenty of people to back me up if it comes to that who will be able to say he asked me to resign. I'm an old fart and am ready to retire anyway so if I never work another day in my life I could still retire in good financial shape. Just hate being coerced into resigning just so he can save face and make me look like the quitter.
I think you boys need to get together for one your beer and moonshine-soaked cherry get-tohethers, and cuss the ex boss while eating cherries off each other.
 
I think you boys need to get together for one your beer and moonshine-soaked cherry get-tohethers, and cuss the ex boss while eating cherries off each other.
It's a good thing that you're Not-Flot....Flot was a real d-bag :)
 
This is true, and that's why it's always worth trying. I've been on the other end, though, as the employer doing the challenging. I never lost a challenge. They do give the employee the benefit of the doubt, but once it gets into the phase where you are documenting what happened, if the employer has a case, they don't ignore that.


The problem with this argument is the two weeks. He made it sound like the two weeks was tied to his resignation, which makes this a deal he accepted. If he really wanted to make sure he got unemployment, he should have explicitly rejected the deal, and forced his boss to fire him.

I have challenged former employee's unemployment claims twice, both based on termination for cause (performance in sales) and won both times. Not implying that our friend has poor performance but being fired is not an automatic entitlement to unemployment.
 
I have challenged former employee's unemployment claims twice, both based on termination for cause (performance in sales) and won both times. Not implying that our friend has poor performance but being fired is not an automatic entitlement to unemployment.


Performance in Sales. Let me guess sold more than you will deliver Your operations team over promises, under delivers and is impossible for your customers to work with. Op's won't communicate with the customers and they never get held accountable while they whine like little biotches about being over worked.

Oh wait, I thought I was typing on my annual review feedback form. Disregard. :D:D:D
 
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Performance in Sales. Let me guess sold more than you will deliver Your operations team over promises, under delivers and is impossible for your customers to work with. Op's won't communicate with the customers and they never get held accountable while they whine like little biotches about being over worked.

Oh wait, I thought I was typing on my annual review feedback form. Disregard. :D:D:D

It was you!
 
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My Dbag employer/boss has asked me to resign and give my 2 weeks notice since he thinks I'm not productive even though my government customer likes me and I think will be pissed to see me leave since we're so busy. It's a 20 person company working for the Army and the owner is trying to push me out. He wants to avoid a nasty situation where they debate why I'm leaving so he wants me to go quietly like I don't want to be here. I'm ready to leave but if I resign I won't get unemployment insurance since I quit versus getting fired. The downside is if I don't resign he can just fire me next week and then I miss out on 2 weeks pay which is like $6K. That's about the same amount I would get from unemployment. Can I just resign and then file for unemployment anyway claiming that my employer threatened to fire me if I didn't resign, in effect it is a firing even though I gave him a resignation letter? There will be plenty of people to back me up if it comes to that who will be able to say he asked me to resign. I'm an old fart and am ready to retire anyway so if I never work another day in my life I could still retire in good financial shape. Just hate being coerced into resigning just so he can save face and make me look like the quitter.

If you send a resignation letter, expect it to be Exhibit A at your hearing before an ALJ.

Those hearings can go either way, in my experience. Normally the ALJs side with the employee, if I had to generalize.

But a resignation letter would be a big problem for your case, IMHO. The statute obviously excludes people fired for cause and those who resign.
 
It's a good thing that you're Not-Flot....Flot was a real d-bag :)

Oh it’s me.

The drunken tailgate football photos the old school posters here you would recap for us Purdue fans was gold. The bag of moonshine cherries and the visual of you feeding each other is still something I can’t get out of my head.
 
I have a couple interviews lined up next week so things are looking up. I got my final paycheck from that company today so I'm done with them. My government manager also thinks I got a raw deal and she offered to give me a reference which will help when I try to explain why I left after 3.5 months. So I'm glad I left on good terms. Basically I'm telling future employers I enjoyed working for my government manager but I didn't like the rinky dink 20 person company or the owner so there's no use staying with them any longer if I don't see them in my future long term. And my government manager will be able to tell them I did a good job while I was there. So hopefully this ends positively. Thanks for all the input.
 
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