Asked to resign

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19 Aug 2006
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596
Hi guys, do to various reason I shan't pretend aren't my fault, my company wish me to leave (in no way gross negligence, just indescressions and attitude). Sat me down with all the directors, and told me to leave. My general attitude has been 'well, if that's what you all want then I guess there's nothing I can do'. I believe I said "there's no other options on the table it seems", to which one of them said "well, there's another way where things get nasty".

I got an email this morn:

"Thanks for attending our meeting this afternoon, during which you indicated that your intention is to resign. We would appreciate your assistance delivering the current project that you are working on (__________). So, in return for your full commitment to its successful conclusion, we are prepared to offer you a further one month notice on top of the contracted single month. It is estimated that there is around 3-4 weeks work remaining on this project, during which we will endeavour to be flexible and support you in your efforts to find another position. Once _________ is delivered and signed off, we will permit you to concentrate for whatever remains of the two months on finding a new role, without coming into the office.
To confirm, we will also act as employment referees for any offers you may receive.
Also, please could you provide us with a letter of resignation asap."


First off, what are you guys' reaction to this? I'm not so hot on my employment law/rules/etiquette.

Another thinking was, as I'll be looking for a job, in a hard industry, I'm not expecting anything straight away - I guess me 'resigning' would affect benefits and stuff. (blah blah dole scrounger etc).

Any words of advice greatly appreciated, thanks

(Oh yeah, company doesn't have HR as far as I'm aware)
 
take them up on their offer, no matter how much you feel like walking. don't sabotage anything either.

if you don't feel a bit sick in your stomach, you really do have a bad attitude.
 
Go back and ask them whether what they are asking will be carried out under the terms of a compromise agreement.

They obviously don't have enough on you to sack you, or they'd have done so. So, you can either string it out while looking for another job and try not to give them cause to fire you in the meantime, and hope they don't come up with a reason, or you take them up on the offer and risk not finding a job.
 
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go for option B, where he said it gets nasty. Unless they have got some serious beef on you a good lwayer would run a bus through them at a tribunal.

You didn't smash the directors wifes pasty in over the photocopier or anything like that did you ?
 
Well it sounds like, if you resign on "normal" terms or get fired, you'll be gone very soon and then maybe able to get benefits but they'll be pretty damn low in terms of amount. or you can do it there way and by the sounds of it, work for a month, and be paid WAY better than benefits to look for a job, for 2 months. Sounds like they are being pretty, errm, fantastic, but maybe I'm missing something.

Also, you have to say what you did, whacking off in a office and forgot to lock the door?

Also I'd suspect a good reference without, whatever you did on it, would be worth its weight in gold than being fired or having no reference when looking for a new job.
 
What exactly were your indiscretions and what was wrong with your attitude?

I think the fact that one of them issued threats against you changes the whole game. I would go to war against them. Make them pay for treating you like a goon.

They won't give you a good reference anyway.
 
Thanks for replies...

Sorry, I've worked here for just shy of 2.5 years.

I do feel a bit sick in my stomach, mainly irritated with myself for allowing this situation to happen. I'll look up a terms of compromise agreement...
 
sounds like they need you still and want you to hand over all the hard work wiothout leaving them in the mud. Which for me is a joke, they want you to go but dont want to suffer the work problems when an employee walks.

If you need the money then take it, but i would walk out as originaly agreed and let them learn the hard way. I wouldnt make things worse by going out of your way to ruin stuff you have done already but i wouldnt go out my way to help them deal with losing you.

your call at the end of the day.
 
Sorry, what I did wrong, is basically be myself. But myself can be a bit irritating and headstrong. I deal with managers who know nothing about what I work with, and I say it how it is; which has led to an image of me being a difficult, negative employee.

One of the directors also heard me talking a bit of **** about how things work etc. down the pub, and probably another person or two will have forwarded some drunken ramblings...

Not defend-able I know, but understandable... haha

So, basically, been told 'it's a bunch of reasons' 'we don't think you fit what we want'...

[edit]
Insofaras the threat comment, it didn't come out like an outright threat - though I guess it was...
 
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Sorry, what I did wrong, is basically be myself. But myself can be a bit irritating and headstrong. I deal with managers who know nothing about what I work with, and I say it how it is; which has led to an image of me being a difficult, negative employee.

One of the directors also heard me talking a bit of **** about how things work etc. down the pub, and probably another person or two will have forwarded some drunken ramblings...

Not defend-able I know, but understandable... haha

So, basically, been told 'it's a bunch of reasons' 'we don't think you fit what we want'...

D-

try again we want at least one penis incident and at least two female co-workers maybe throw in a directors wife... or pet...
 
Essentially they're offering one month's pay (after tax) as severance. I think it's a bit unfair to pressure you to resign, if you screwed up that badly they should sack you. I'd be very inclined to seek proper legal advice - by accepting the severance you'll probably have to agree not to take further legal action against them, sounds like a good deal for them...
 
Sounds like they have nothing serious on you so can't ground a reasonable dismissal. They know this, so they are trying to pamper you out of your job, also known as constructive dismissal...

The moment you fight back, they will make your life hell, however. It's clear as day they have nothing on you, or enough to show their reasoning.

In which case, fight it and take them to a tribunal.

ags
 
I'd highly recommend that you don't take them up on their 'offer'. They are essentially firing you without going through the correct due process or making you redundant without compensation. Unless they are willing to offer you some sort of incentive other than an extra month to deliver whatever-it-is it's a pretty bum deal.

They want you out but can't lawfully dismiss you? I'd be asking "how much?"

Unless what you did was terrible and as a matter of honour you're willing to walk. In which case, spill the beans!
 
Pick option B, the 'nasty way'. If they wanted to sack you, they would have done so by now. They are doing this simply to see if they can get rid of you without unlawfully sacking you.
 
they have nothing on you....dont leave and fight it.

OP agrees is was out of order, would be better to negotiate a higher settlement - take into account the affect on benefits if you resign...

unless you are CEO of a bank / or HP in which case you should be in line for several million £££ payoff
 
Essentially they're offering one month's pay (after tax) as severance. I think it's a bit unfair to pressure you to resign, if you screwed up that badly they should sack you. I'd be very inclined to seek proper legal advice - by accepting the severance you'll probably have to agree not to take further legal action against them, sounds like a good deal for them...

That's what I'm getting at regarding the compromise agreement. If they go for a full on agreement then they'll basically get the OP to resign and sign the agreement and basically promise not to badmouth them or sue them, in return for which they'll give him one month's pay and a good reference.

If they are pushing for that sort of thing, then it wouldn't be unheard of to push for more like 4-6 months worth in severance.
 
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