Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

intrepidity

(7,302 posts)
Fri Jan 22, 2021, 06:17 PM Jan 2021

If 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?

26 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
If you quit your job, let's say, after doing something you know you'd have been fired for, (Original Post) intrepidity Jan 2021 OP
Your boss can claim they fired you, regardless of the facts. Try to prove he didn't. Midnight Writer Jan 2021 #1
Yeah but they aren't allowed to tell prospective employers anything except that you worked there soothsayer Jan 2021 #4
No, but if you embezzled funds or something, the law can come after you soothsayer Jan 2021 #2
I Believe They Can Contest UEI ProfessorGAC Jan 2021 #3
I always thought they would prefer you quit. safeinOhio Jan 2021 #23
My Experience ProfessorGAC Jan 2021 #24
trump will argue No they can't come after you unless it's a criminal case prosecuted by DOJ. Hoyt Jan 2021 #5
That will be arranged, I'm sure. n/t Mr.Bill Jan 2021 #10
If you are drawing a parallel to Trump, he was impeached Under The Radar Jan 2021 #6
Yes, I am trying to draw that parallel intrepidity Jan 2021 #7
I thought it was about yourself 😃 OnDoutside Jan 2021 #14
Heh, I would have said, "Asking for a friend" intrepidity Jan 2021 #15
Lol ! OnDoutside Jan 2021 #19
I thought you DeSmet Jan 2021 #26
He didn't quit his job, his term ended Happyhippychick Jan 2021 #8
Ok, then for my example, intrepidity Jan 2021 #9
I would imagine that they can code you not hirable dsc Jan 2021 #11
But can they revoke benefits? intrepidity Jan 2021 #12
I am not sure we can do that to Trump either dsc Jan 2021 #13
And does that appear to be a huge loophole? intrepidity Jan 2021 #17
It is a loophole dsc Jan 2021 #21
Conviction won't revoke Trump's benefits StarfishSaver Jan 2021 #16
But removal would have intrepidity Jan 2021 #18
Yes StarfishSaver Jan 2021 #20
I take immense pride in the only "you can't quit, you are fired!" situation I've ever experienced. hunter Jan 2021 #22
To continue your analogy dpibel Jan 2021 #25

soothsayer

(38,601 posts)
4. Yeah but they aren't allowed to tell prospective employers anything except that you worked there
Fri Jan 22, 2021, 06:22 PM
Jan 2021

As far as I know

ProfessorGAC

(65,057 posts)
3. I Believe They Can Contest UEI
Fri Jan 22, 2021, 06:21 PM
Jan 2021

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?

ProfessorGAC

(65,057 posts)
24. My Experience
Fri Jan 22, 2021, 08:47 PM
Jan 2021

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.

Under The Radar

(3,404 posts)
6. If you are drawing a parallel to Trump, he was impeached
Fri Jan 22, 2021, 06:24 PM
Jan 2021

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)
7. Yes, I am trying to draw that parallel
Fri Jan 22, 2021, 06:27 PM
Jan 2021

I suppose the equivalent in the corporate world might be a "write-up" in your personnel file

intrepidity

(7,302 posts)
9. Ok, then for my example,
Fri Jan 22, 2021, 06:37 PM
Jan 2021

say your contract expires before you can be fired. I still have the same question.

dsc

(52,162 posts)
13. I am not sure we can do that to Trump either
Fri Jan 22, 2021, 07:09 PM
Jan 2021

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.

dsc

(52,162 posts)
21. It is a loophole
Fri Jan 22, 2021, 07:34 PM
Jan 2021

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)
20. Yes
Fri Jan 22, 2021, 07:27 PM
Jan 2021

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)
22. I take immense pride in the only "you can't quit, you are fired!" situation I've ever experienced.
Fri Jan 22, 2021, 07:41 PM
Jan 2021

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)
25. To continue your analogy
Fri Jan 22, 2021, 09:54 PM
Jan 2021

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.

Latest Discussions»General Discussion»If you quit your job, let...