I'd like you to resign!!!

[YellowDog]

"Things aren't working out and I'd like you to resign. We can do this the easy way, or the hard way via HR. Which would you prefer? I'd prefer it if you left now!"

This is what I was told this afternoon after returning from lunch. No discussion, no explanation.

I was a bit shocked and asked if I could postpone my decision until tomorrow. He said he was too busy tomorrow. I told him that I am having knee surgery at the end of Feb and don't expect to be fully mobile (to look for work) until the end of March at the earliest. He then agreed to give me 24 hours to consider what I should do.

I had no idea where this came from. It was a real bolt out of the blue. Having now thought about it I have a new boss whom I have told how the land lies and she has obviously told my old boss what I said. I suspect that she has confronted him with this and he is kicking me out was this knee jerk reaction.

The surprising part is that my new boss will not actually be my boss until April 1, so my old boss can do as he pleases, which he has.

Frankly, I would like to leave that place. The only reason I was staying was that the company had been taken over and I would be getting a new role and a new boss. Now I have knee surgery at the end of the month, this changes my predicament.

My plan is to discuss a severence package to tide me over until I am able to look for work again. However know that I would be better off looking for work whilst still in full time employment.

I guess I should put the new bike on the back burner again. I wish I hadn't sold my old one.

Any suggestions for tomorrow's meeting appreciated.

[Mom]

Find a lawyer, take him with you!

Actually, you dont need a lawyer, but you should take someone with you to take notes of what is said. Remain calm at all costs. If you have an employment agreement it should have provisions to protect you. If you dont have one, get a lawyer!

[Fatjim]

The hard way takes time. I'm supprised they talked to you about it first.

Look for a new job while your being managed out of the role.

Also discuss this with your new boss, see if he wants you to stay. (take a voice recorder)

On the other hand, you might just be shit at your job, and you deserve to be fired.

[Korumba]

The guy is full of shit!

Take the HR option.

(34 characters)

[Warr]

Y e s!!! Get hold of an employment person, Cant remember their title, but you would be foolish to go into the meeting alone.

[JimO]

they cant just fire you even if you are shit at your job contact a employment specialist

[Grahameeboy]

I think you will find he is in breach of many Employment rules.

If you have no previous / current disciplinary issues on your staff file, then the process is verbal, written, final and then out. If none of these are present then I don't think he has a leg to stand on.

With your surgery coming up the harder way is actually just resigning so stick to your guns and take him on with HR.

[Nasty]

Construtive dismissal ... its a standard mitigation strategy. They have admitted they want rid of you ... and they were dumb enough to tell you. Go NOW and document all discussions .... make sure you write everything down. Then Ring an employment speciallist lawyer .. they will love this case!!! And it won't take long to settle.

[doc]

"Things aren't working out and I'd like you to resign. We can do this the easy way, or the hard way via HR. Which would you prefer? I'd prefer it if you left now!"

Depends on what your crime was...
Obviously you have no union backup. The easy way is for him. You take his hard way and you get what your entitled too thru HR and recourse later on , employments laws stuff. It sucks, but thats life and you were considering moving on anyway. Drag it out you are still getting an income. He can't avoid his responsibilities that way....However he is serious and you sure your telling us everything

[Blackbird]

What everyone else said. Get representation and reduce everything you said and what your boss said to writing, any witness statements, performance reviews, the lot. And remember, if he does boot you out, you have recourse to a personal grievance procedure. When your boss says "the hard way", he really means for him! Best of luck.

[oldrider]

He has just put a gun to his head and given you control of the trigger.

Get an advocate who is conversant with employment law and study your conditions of employment between you and your company.

Do not resign until you have all the answers, time is on your side.

Idiot managers like this one are ruining this country, of course you may be an actual fuckwit and need to go but he has to follow specific procedures.

In other words he "must" do it for the judge, should he ever be held to account, this is your time, seize the day. Cheers John.

[Oakie]

You already have grounds for a personal grievance. Possibly a few grand for hurt and humiliation depending on how upset you are and how this affects your mental state.

Go to the meeting tomorrow and tell your boss you have no reason to resign and if he wants to you to leave, he will have to go 'the hard way, via HR'. You need to know that the 'hard way' is only hard for him as it means he has to go through a proper process which includes letting you know why it's not working, telling you what is required to fix it, giving you a time frame to fix it and then having regular meetings to let you know who you're making out. It's 'hard' for him because this would take at least three months to do fairly.

I'll post more shortly. Something is rattling around in my brain trying to get out.

[Str8 Jacket]

Construtive dismissal ... its a standard mitigation strategy. They have admitted they want rid of you ... and they were dumb enough to tell you. Go NOW and document all discussions .... make sure you write everything down. Then Ring an employment speciallist lawyer .. they will love this case!!! And it won't take long to settle.

She's right. I went through something very similar to this last year. Nasty is correct! PM Rantydave, he was AWESOME in helping me out. Just know tha you dont have to go and they legally cant just get rid of you, do what I did. Keep your job but start looking for something better. Then resign when its gonna hurt them!!

[Usarka]

Depends on your industry and your employability. If it is a small industry then bringing an action against your employer may not be the best move long term, especially if you are thinking of leaving anyway, and especially if you think you can find another job. Ditto for getting fired

Negotiate with your boss? At the very least tell them you want a glowing reference (not that written references mean much these days....), and you could also wrangle a cash out if you are good, eg 1 month notice for 2 months pay.

Personally I wouldn't want to work where I'm not wanted anyway but that's just me and the circumstance I am in with my job and my personal situation.

If you do fight it then they need to prove a history of warnings etc which will be very time consuming unless you do a major fuckup in the meantime.

[Grub]

Woo ... this is ratbag employer at it's worst!
Short story, they can't dismiss you. Period. The process takes months and months. He's shit scared of getting HR involved. For you to be dismissed there has to be a whole series of verbal and written warnings taking place over weeks and months.

The correct process is that he has to advise you of the meeting where this is to be discussed. The full agenda has to be on the table. You have to be offered to have a representative with you and I can't remember what the timeline is but it is not 24hrs FFS.

Take some heart from this. Your manager has just cost his company a shit load of money and if things go really well, he could loose his job because of it. You have grounds for a huge settlement based on the way he gave you the ultimatum, the way he wanted an instant answer and a whole lot of other stuff. The fact that you're having surgery (did they know this?) makes it sounds like they didn't want to pay you while recuperating. Play that one for all it's worth!

My advice right now is do nothing! Simply say that you are seeking professional advice and they will be hearing from you in due course. Have no meetings with him that doesn't have a support person for you (it can be a partner, friend, family or lawyer). Take notes really obviously, take your time and folow "due process" of documenting and recording ... he's going to start shitting himself.

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