Howdy,

If you knew your company was looking at the possibility of replacing you (long story, it's a co employment situation) and your boss said they were shocked you are still here and you should be looking for a job and you changed your LinkedIn to have the Open to Work Banner and posted you were open for a new job, is that the same thing as resigning?

They are back tracking and told me yesterday that by posting that we could see that as your resignation.

I haven't been fired, or terminated. I haven't resigned.

I am looking hard for another job, but I haven't done anything to warrant being fired so I was curious on your take.

It's a messy situation and I want out, but I can't just walk away.

Thanks y'all.

It truly is a wild situation.

I don't understand why they haven't fired me if they dislike me so much, especially in Texas.

Thank you!

But Texas being a right to work state probably doesn't help me?

I'm not looking for a job, but I'm always marked "open to work". I just have it set where I don't have that banner on my picture and I think it blocks recruiters at my current company from seeing that it's open to work. I think.

LoneStarAg17 said:

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Someone with better knowledge here speak up, but I'm pretty sure the difference between you quitting and being fired will impact your ability to get unemployment benefits. Don't resign, make them fire you if it comes down to it.

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While it is true that you won't be eligible for unemployment if you quit, keep in mind that if you get fired - hiring companies will know that as it is one of the few pieces of information that they are legally allow to verify. Depending on your industry, the "involuntary termination" label can be like the scarlet letter so need to balance the need for money vs. the ability to quickly find another job.

EVERYONE, whether on LinkedIn or another platform they reveal it or not, is open to work.

Attractive job offer comes along... only the dummy will decline. However, if I see my employee advertising the fact... I'm already planning to terminate them, and they won't be collecting unemployment benefits.

HeightsAg said:

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LoneStarAg17 said:

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Someone with better knowledge here speak up, but I'm pretty sure the difference between you quitting and being fired will impact your ability to get unemployment benefits. Don't resign, make them fire you if it comes down to it.

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While it is true that you won't be eligible for unemployment if you quit, keep in mind that if you get fired - hiring companies will know that as it is one of the few pieces of information that they are legally allow to verify. Depending on your industry, the "involuntary termination" label can be like the scarlet letter so need to balance the need for money vs. the ability to quickly find another job.

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I'm not sure other employers can see that information. I've been in recruiting for a couple of decades and anywhere I've worked only verified work titles and dates of employment. Most don't do true references unless they are on the side.

gigemags-99 said:

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HeightsAg said:

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LoneStarAg17 said:

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Someone with better knowledge here speak up, but I'm pretty sure the difference between you quitting and being fired will impact your ability to get unemployment benefits. Don't resign, make them fire you if it comes down to it.

---

While it is true that you won't be eligible for unemployment if you quit, keep in mind that if you get fired - hiring companies will know that as it is one of the few pieces of information that they are legally allow to verify. Depending on your industry, the "involuntary termination" label can be like the scarlet letter so need to balance the need for money vs. the ability to quickly find another job.

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I'm not sure other employers can see that information. I've been in recruiting for a couple of decades and anywhere I've worked only verified work titles and dates of employment. Most don't do true references unless they are on the side.

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Employment verifications can verify eligibility for rehire. If you were fired then obviously you wont be eligible for rehire.

Petrino1 said:

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gigemags-99 said:

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HeightsAg said:

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LoneStarAg17 said:

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Someone with better knowledge here speak up, but I'm pretty sure the difference between you quitting and being fired will impact your ability to get unemployment benefits. Don't resign, make them fire you if it comes down to it.

---

While it is true that you won't be eligible for unemployment if you quit, keep in mind that if you get fired - hiring companies will know that as it is one of the few pieces of information that they are legally allow to verify. Depending on your industry, the "involuntary termination" label can be like the scarlet letter so need to balance the need for money vs. the ability to quickly find another job.

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I'm not sure other employers can see that information. I've been in recruiting for a couple of decades and anywhere I've worked only verified work titles and dates of employment. Most don't do true references unless they are on the side.

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Employment verifications can verify eligibility for rehire. If you were fired then obviously you wont be eligible for rehire.

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Unaware of a single fortune 500 company who would
want to deal with the legal headaches of providing that information and the ramifications it could bring. They could give a **** if a fired employee wants to go work somewhere else. None of them use anything other than an automated system that verifies title and dates of employment.

Edit to add: I'm referring to just the last statement that was made.

This comment is a little short sided and naive, in my opinion.

If they're a good employee and you saw that they were telling others that they were open for work, it would be a better approach to figure out why they want to leave rather than go scorched earth.

Additionally, as was mentioned, I think some of this "they won't be receiving unemployment" is just a paper Tiger statement. If I understand unemployment correctly, the enployer's spite has no bearing on benefits (never been in that spot thankfully)

Chipotlemonger said:

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Edit to add: I'm referring to just the last statement that was made.

This comment is a little short sided and naive, in my opinion.

If they're a good employee and you saw that they were telling others that they were open for work, it would be a better approach to figure out why they want to leave rather than go scorched earth.

Additionally, as was mentioned, I think some of this "they won't be receiving unemployment" is just a paper Tiger statement. If I understand unemployment correctly, the enployer's spite has no bearing on benefits (never been in that spot thankfully)

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When I did... I kept copious records on underperforming, and terminated, employees. Can't recall how many times I showed up at hearings armed with justifications for termination. Never, ever, lost one. No employee I fired received unemployment benefits. No spitee. Performance issues.

But that was Washington and Californiia.

You can let people know you are open to work without having that banner on your picture for everyone to see…and in most cases li will hide it from your current employers hr team

MsC2012 said:

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Thank you!

But Texas being a right to work state probably doesn't help me?

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What does right to work mean? is it the opposite of "at-will"?

JamesPShelley said:

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Chipotlemonger said:

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Edit to add: I'm referring to just the last statement that was made.

This comment is a little short sided and naive, in my opinion.

If they're a good employee and you saw that they were telling others that they were open for work, it would be a better approach to figure out why they want to leave rather than go scorched earth.

Additionally, as was mentioned, I think some of this "they won't be receiving unemployment" is just a paper Tiger statement. If I understand unemployment correctly, the enployer's spite has no bearing on benefits (never been in that spot thankfully)

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When I did... I kept copious records on underperforming, and terminated, employees. Can't recall how many times I showed up at hearings armed with justifications for termination. Never, ever, lost one. No employee I fired received unemployment benefits. No spitee. Performance issues.

But that was Washington and Californiia.

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All of this can be manipulated.
I was at a company 7 years ago which got bought by another company. All the management left. I was new at the company just 4 months. Then this company got bought again by another company a month later. The next 10 months I had 4 different managers as everyone began to leave. Manager No 3 was a beyotch who put me on a PIP after manipulating the scores on my evaluation. It was some weighted average stuff so she adjusted them to fall below some threshold. Then she left! I got moved to another manager who had a crush on manager 3 and would frequently smell her hair when he could. Anyway, I had to stick around as I had to take Dec off for a family event. When I got back, manager No 4 fired me. I knew it was coming and I had been interviewing a lot and the following week I was going to Seattle to talk to Amazon (which did not work out). But I did apply for unemployment and I got paid for it. How did that happen?

JamesPShelley said:

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EVERYONE, whether on LinkedIn or another platform they reveal it or not, is open to work.

Attractive job offer comes along... only the dummy will decline. However, if I see my employee advertising the fact... I'm already planning to terminate them, and they won't be collecting unemployment benefits.

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I was that dummy last year.
I was a Sr Manager at a company last year. I got a call for a VP job at a startup. I ignored it as I loved my job/company. Then I got laid off by the company I loved in a 10% cut. Taught me a lot - got some valuable lessons. Never again.

From now on when I join my next company, I will always be open to work.

Petrino1 said:

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gigemags-99 said:

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HeightsAg said:

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LoneStarAg17 said:

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Someone with better knowledge here speak up, but I'm pretty sure the difference between you quitting and being fired will impact your ability to get unemployment benefits. Don't resign, make them fire you if it comes down to it.

---

While it is true that you won't be eligible for unemployment if you quit, keep in mind that if you get fired - hiring companies will know that as it is one of the few pieces of information that they are legally allow to verify. Depending on your industry, the "involuntary termination" label can be like the scarlet letter so need to balance the need for money vs. the ability to quickly find another job.

---

I'm not sure other employers can see that information. I've been in recruiting for a couple of decades and anywhere I've worked only verified work titles and dates of employment. Most don't do true references unless they are on the side.

---

Employment verifications can verify eligibility for rehire. If you were fired then obviously you wont be eligible for rehire.

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this is wrong all a company can do is verify time of employment not that you are were fired or layoffed or whatever.

Some true sharks in this thread.

John Armfield said:

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Petrino1 said:

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gigemags-99 said:

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HeightsAg said:

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LoneStarAg17 said:

---

Someone with better knowledge here speak up, but I'm pretty sure the difference between you quitting and being fired will impact your ability to get unemployment benefits. Don't resign, make them fire you if it comes down to it.

---

While it is true that you won't be eligible for unemployment if you quit, keep in mind that if you get fired - hiring companies will know that as it is one of the few pieces of information that they are legally allow to verify. Depending on your industry, the "involuntary termination" label can be like the scarlet letter so need to balance the need for money vs. the ability to quickly find another job.

---

I'm not sure other employers can see that information. I've been in recruiting for a couple of decades and anywhere I've worked only verified work titles and dates of employment. Most don't do true references unless they are on the side.

---

Employment verifications can verify eligibility for rehire. If you were fired then obviously you wont be eligible for rehire.

---

this is wrong all a company can do is verify time of employment not that you are were fired or layoffed or whatever.

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This is not true in Texas. While many employers will say, if anything, if and when someone was employed with them, that isn't because of a law preventing it...it's to avoid defamation claims.

There is nothing in Texas I am aware of that prohibits an employer from giving a reference that includes the means of separation, job performance and even disciplinary issues of a former employee AS LONG AS WHAT THEY PROVIDE IS TRUTHFUL.

Chase said:

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John Armfield said:

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Petrino1 said:

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gigemags-99 said:

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HeightsAg said:

---

LoneStarAg17 said:

---

Someone with better knowledge here speak up, but I'm pretty sure the difference between you quitting and being fired will impact your ability to get unemployment benefits. Don't resign, make them fire you if it comes down to it.

---

While it is true that you won't be eligible for unemployment if you quit, keep in mind that if you get fired - hiring companies will know that as it is one of the few pieces of information that they are legally allow to verify. Depending on your industry, the "involuntary termination" label can be like the scarlet letter so need to balance the need for money vs. the ability to quickly find another job.

---

I'm not sure other employers can see that information. I've been in recruiting for a couple of decades and anywhere I've worked only verified work titles and dates of employment. Most don't do true references unless they are on the side.

---

Employment verifications can verify eligibility for rehire. If you were fired then obviously you wont be eligible for rehire.

---

this is wrong all a company can do is verify time of employment not that you are were fired or layoffed or whatever.

---

This is not true in Texas. While many employers will say, if anything, if and when someone was employed with them, that isn't because of a law preventing it...it's to avoid defamation claims.

There is nothing in Texas I am aware of that prohibits an employer from giving a reference that includes the means of separation, job performance and even disciplinary issues of a former employee AS LONG AS WHAT THEY PROVIDE IS TRUTHFUL.

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never said there was a law i just as a practice no company will bad mouth a former employee at least fortune 500 ones they just dont care

It sounds like they want to get rid of you and are trying to avoid the HR hoops of firing you and paying unemployment.

Don't resign, leave yourself as open to work or whatever the status is on linkedin, but don't put the banner on your picture.

210 said:

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It sounds like they want to get rid of you and are trying to avoid the HR hoops of firing you and paying unemployment.

Don't resign, leave yourself as open to work or whatever the status is on linkedin, but don't put the banner on your picture.

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But does the company pay unemployment? I thought it was the government. The company pays an unemployment insurance to the govt which comes out of the employee's paycheck and when they layoff and someone files, the govt pays out. Isn't this how it works?

infinity ag said:

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210 said:

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It sounds like they want to get rid of you and are trying to avoid the HR hoops of firing you and paying unemployment.

Don't resign, leave yourself as open to work or whatever the status is on linkedin, but don't put the banner on your picture.

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But does the company pay unemployment? I thought it was the government. The company pays an unemployment insurance to the govt which comes out of the employee's paycheck and when they layoff and someone files, the govt pays out. Isn't this how it works?

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Per ADP

Who pays for unemployment benefits?
With a few exceptions, only employers contribute to federal and state unemployment programs. The outliers are Alaska, New Jersey and Pennsylvania. In these states, both employers and employees pay SUTA tax.

The FUTA tax rate is 6% of the first $7,000 each employee makes annually, also known as the FUTA wage base. Employers may be eligible for a 5.4% credit reduction, which lowers their rate to 0.6%. To qualify, they must pay their SUTA taxes in full and on time and not operate in a credit reduction state.

https://www.adp.com/resources/articles-and-insights/articles/w/who-pays-for-unemployment.aspx

His posting history has pretty well established that he's an *******. Maybe a successful one? Maybe not. Who knows?

An opening came available at a different location, and all my colleagues said I would be great there, it would help me given my current situation.

I asked to be considered, and on a call just now she basically said I can't be considered because I posted I was open to work on LinkedIn awhile back.

I emailed the HR director to confirm in writing that is why so I have documentation.

I hope I can find a new job ASAP.

Toxic environment, best of luck!

You may consider networking with friends and family in order to find a job. I found my current job through networking at church. Got my upcoming position through applying (higher education) and tailoring my resume to the position.

When I was job searching, I set up indeed searches, and applied for positions on company websites. Got a lot more interviews this way. Just my $.02. I know what it is to work in a toxic environment.

What industries are you looking in?