4 ms·

Ask HN: I got asked to resign?

17 points by throwawy1162020 6y ago

I was asked to resign from the small consultancy where I've been working for ~9 months because our only large client has started demanding advanced degrees that I don't have. This is a US company. The alternative is getting fired. They would like a response this weekend. What should I do to maximize: 1. Income. There may be severance if I resign, but what does unemployment look like? 2. Future employability. My skills (data) are in demand, but I only have a few years of experience and have some imposter syndrome.

throwawy1162020 6y ago
I don't believe they have any reason to fire me for cause. Also throwaway account for obvious reasons.
devperson45 6y ago
Talk to an employment lawyer asap
- throwawy1162020 6y ago
  Definitely good advice. What questions would you suggest asking?
  - p1esk 6y ago
    "should I resign or should I get fired?"
rmk 6y ago
Depends on the state law. CA is generally an at will employment state. AFAIK, you are not eligible for unemployment if you resign in CA. If the severance being offered is more than you could make from unemployment benefits then you should get the severance check first and then resign. Otherwise don’t feel any obligation to resign. I am not a lawyer and this is not legal advice. Please consult an employment lawyer if you feel that you really need definitive answers.
- throwawy1162020 6y ago
  Good advice. This is not CA, but my understanding of state law here is that I will not be eligible for unemployment if I resign or if I'm terminated for gross misconduct. Unlikely that they can claim gross misconduct given the circumstances. I definitely won't resign until I get a signed document from them.
NonEUCitizen 6y ago
Are they willing to put their request in written form?
- throwawy1162020 6y ago
  I've asked for written details. Not resigning unless I get a written severance offer.
davismwfl 6y ago
Your call really, if they have told you up front you don't have a position moving forward, negotiate a good severance and move on voluntarily IMO. It will be better for you in the long run. Being fired doesn't have major negative connotations like prior generations dealt with, but it also doesn't come with great benefits. Also unemployment can be more difficult if you don't have 12 months or prior employment in the state (across all employers). Check out the state rules if you are seriously thinking of going the "fired" route and understand the benefits. You most likely will get a tiny percentage of your annual salary and it won't be worth it. One point, they are being douche bags in this scenario if the only fact is a company asking for a degree and dropping you because of it. When I had my consultancy we would occasionally have clients make a stupid demand about degrees and we always found ways around it. Many times it is a company "vendor manager" going down a checklist and once you challenge it they just skip it. We even had some government work that dropped it once we challenged it (mostly), in one case they just said we needed people in certain rolls to prove education which those made sense for what they were doing, but none were software/data people. I guess my point saying all that is to say make sure you are seeing/hearing the true facts and not just taking someone's excuse, cause if you need to improve in some way that is important to know. Good Luck! *edit - removed a word
- throwawy1162020 6y ago
  Thank you! In this case it's a similar checklist, and I'm sufficiently junior that the company doesn't want to fight it. Glad to hear that getting fired doesn't have the negative connotations. It is certainly tempting to enter a downward emotional spiral.
jtchang 6y ago
It sucks but I don't think they are doing it out of spite. They are doing what they need to do to survive since they don't want to risk losing this one large client and having the entire consultancy go under. Approach the situation with grace and tact. Tell them you understand their position. Either you or the company should propose the terms. Ideal terms to me would be (if you were full time) 1. Company treats it as a layoff and you are able to claim unemployment insurance. However you need to check the rules in your state for how this might work. 2. You get some severance. Standard is a week for every year of employment. Honestly you'd be lucky to get any but 1-2 weeks worth would be reasonable.
stevenalowe 6y ago
Bizarre. Take the money and run
novia 6y ago
Now might be a good time to go get those advanced degrees you don't have so this won't happen again.
chad_strategic 6y ago
This sucks, and I have been there as well. I really doubt a employment lawyer is going to do anything other than take your money. Your time would better well spent, looking for the next thing. Doing better is the best revenge. I wouldn’t worry to much about imposter syndrome, nobody nobody really knows what they are doing. Some are just better at concealing their fear. :)
runawaybottle 6y ago
Any details on what kind of client is asking for this requirement? Government contract?
probinso 6y ago
Give them 2 months notice for your resignation
- beckingz 6y ago
  Why stop at 2 months?

throwawy1162020 6y ago

I don't believe they have any reason to fire me for cause. Also throwaway account for obvious reasons.

devperson45 6y ago

Talk to an employment lawyer asap

throwawy1162020 6y ago
Definitely good advice. What questions would you suggest asking?
- p1esk 6y ago
  "should I resign or should I get fired?"

rmk 6y ago

Depends on the state law. CA is generally an at will employment state. AFAIK, you are not eligible for unemployment if you resign in CA. If the severance being offered is more than you could make from unemployment benefits then you should get the severance check first and then resign. Otherwise don’t feel any obligation to resign. I am not a lawyer and this is not legal advice. Please consult an employment lawyer if you feel that you really need definitive answers.

throwawy1162020 6y ago
Good advice. This is not CA, but my understanding of state law here is that I will not be eligible for unemployment if I resign or if I'm terminated for gross misconduct. Unlikely that they can claim gross misconduct given the circumstances. I definitely won't resign until I get a signed document from them.

NonEUCitizen 6y ago

Are they willing to put their request in written form?

throwawy1162020 6y ago
I've asked for written details. Not resigning unless I get a written severance offer.

davismwfl 6y ago

Your call really, if they have told you up front you don't have a position moving forward, negotiate a good severance and move on voluntarily IMO. It will be better for you in the long run. Being fired doesn't have major negative connotations like prior generations dealt with, but it also doesn't come with great benefits. Also unemployment can be more difficult if you don't have 12 months or prior employment in the state (across all employers). Check out the state rules if you are seriously thinking of going the "fired" route and understand the benefits. You most likely will get a tiny percentage of your annual salary and it won't be worth it. One point, they are being douche bags in this scenario if the only fact is a company asking for a degree and dropping you because of it. When I had my consultancy we would occasionally have clients make a stupid demand about degrees and we always found ways around it. Many times it is a company "vendor manager" going down a checklist and once you challenge it they just skip it. We even had some government work that dropped it once we challenged it (mostly), in one case they just said we needed people in certain rolls to prove education which those made sense for what they were doing, but none were software/data people. I guess my point saying all that is to say make sure you are seeing/hearing the true facts and not just taking someone's excuse, cause if you need to improve in some way that is important to know. Good Luck! *edit - removed a word

throwawy1162020 6y ago
Thank you! In this case it's a similar checklist, and I'm sufficiently junior that the company doesn't want to fight it. Glad to hear that getting fired doesn't have the negative connotations. It is certainly tempting to enter a downward emotional spiral.

jtchang 6y ago

It sucks but I don't think they are doing it out of spite. They are doing what they need to do to survive since they don't want to risk losing this one large client and having the entire consultancy go under. Approach the situation with grace and tact. Tell them you understand their position. Either you or the company should propose the terms. Ideal terms to me would be (if you were full time) 1. Company treats it as a layoff and you are able to claim unemployment insurance. However you need to check the rules in your state for how this might work. 2. You get some severance. Standard is a week for every year of employment. Honestly you'd be lucky to get any but 1-2 weeks worth would be reasonable.

stevenalowe 6y ago

Bizarre. Take the money and run

novia 6y ago

Now might be a good time to go get those advanced degrees you don't have so this won't happen again.

chad_strategic 6y ago

This sucks, and I have been there as well. I really doubt a employment lawyer is going to do anything other than take your money. Your time would better well spent, looking for the next thing. Doing better is the best revenge. I wouldn’t worry to much about imposter syndrome, nobody nobody really knows what they are doing. Some are just better at concealing their fear. :)

runawaybottle 6y ago

Any details on what kind of client is asking for this requirement? Government contract?

probinso 6y ago

Give them 2 months notice for your resignation

beckingz 6y ago
Why stop at 2 months?