General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf you quit your job, let's say, after doing something you know you'd have been fired for,
can your company fire you anyway, after the fact?
Let's say your company pension has clauses that say you forfeit benefits if you are terminated for cause.
And let's say you know that it is only a matter of time before the company discovers what you did.
So, you resign while still in good standing.
Are you in the clear now, or can your company take an action that effectively fires you retroactively?
Midnight Writer
(21,768 posts)soothsayer
(38,601 posts)As far as I know
soothsayer
(38,601 posts)ProfessorGAC
(65,057 posts)That said, I seriously doubt companies would bother.
They could then be involved in a hearing over the contesting, and is a waste of resources.
And, other than a vested pension, what benefits would be extended after resignation?
safeinOhio
(32,685 posts)No UE benefits that way.
ProfessorGAC
(65,057 posts)We had some long tenured employees who didn't change with the times.
They were allowed to resign, but with 15-18 weeks of pay & benefits, a search firm & if they applied for UEI, we would not contest. It still sucked for them, but it kept them from hitting the ground at 150mph and kept a forced termination off their record.
My experience is that the state contacts HR from the last employer when somebody applies. The company can contest the UEI, or say the person was let go. It costs the company nothing to let someone collect unemployment. The taxes paid to fund that us already a sunk cost.
Contesting it would be for serious cause, which a company could do, even if they were fired. (Stealing, assault of another employee, etc.). But, the company still doesn't benefit from contesting it.
When we actually had to fire somebody, policy was just to tell the state they used to work there and was terminated. We would not contest UEI, whether that person was retired, or resigned. Since profit sharing for professional staff went into a personal 401-A, that benefit can't be withdrawn. It's not company money any longer.
I worked for a big company, so the numbers is my experience aren't as bad as it sounds.
Over the course of time I had 80 or 90 people reporting to me (as many as 22, as few as 4), and direct involvement with hundreds of others that didn't report to me. So, I'm talking 10 to 15 such events out of 5 or 6 hundred people over 40+ years.
But, telling someone they've got to go is really hard, so I remember each & every one of them.
Hoyt
(54,770 posts)Mr.Bill
(24,299 posts)Under The Radar
(3,404 posts)With charges that are recorded for the record, before he left his job. In the Military that is a dishonorable discharge
intrepidity
(7,302 posts)I suppose the equivalent in the corporate world might be a "write-up" in your personnel file
OnDoutside
(19,957 posts)intrepidity
(7,302 posts)but my fingers refused.
OnDoutside
(19,957 posts)DeSmet
(257 posts)a cop/insurrectionist.
Happyhippychick
(8,379 posts)intrepidity
(7,302 posts)say your contract expires before you can be fired. I still have the same question.
dsc
(52,162 posts)which is what we are trying to do here.
intrepidity
(7,302 posts)Benefits that, had you been fired, you would not receive?
dsc
(52,162 posts)I have read both things, but my reading leads me to think they can't do that. The laws involved all say removal and he won't be removed.
intrepidity
(7,302 posts)Sure looks that way to me!
dsc
(52,162 posts)but frankly I am not all that upset by it. I have never been a huge fan of taking away earned benefits from public employees or non public ones for misconduct. Now these benefits are to be fair different in that I don't think Trump pays any of the cost of the benefits unlike the vast majority of employees but I still as a matter of principle think the benefits are his and he should get to keep them.
StarfishSaver
(18,486 posts)The only thing the Senate can do is disqualify him.
intrepidity
(7,302 posts)Just pointing out that a large loophole exists.
StarfishSaver
(18,486 posts)For all intents and purposes, conviction is exactly the same as removal - removal occurs immediately upon conviction without any further action necessary. It surely never occurred to the drafters of the Former Presidents Act that a president would be convicted after leaving office and therefore, not removed.
hunter
(38,313 posts)It could have turned out worse, had I not seen her handcuff a guy to a urinal and beat the crap and an address out of him.
dpibel
(2,831 posts)Your employer certainly could, upon determination that you had committed a firing offense, declare that you could never be rehired by the company or any of its subsidiaries.
That's what we're talking about right now, after all.
No, Trump can't be removed from an office he's already removed from. But the second part of the impeachment clause allows for prohibition from holding any office in the future.