To Resign or be made reduntant

JobIrelan2016

Greetings,
Bit of strange one. Been laid off while in my probation. However the company want me to resign instead. They said it would look better on my reference. I did come through an agency; i wonder if this could be reason. I said i would have to think about it. As regards social welfare my welfare claim could get into trouble. Therefore i asked welfare if the company confirmed i was laid off while the company put on my reference that i resigned that this should be ok. No sure what to do, any advice? My recruitment agent recently asked for a recommendation from me on linkedin, beginning to wonder.

tomfoolery60

JobIrelan2016 wrote: »

Greetings,
Bit of strange one. Been laid off while in my probation. However the company want me to resign instead. They said it would look better on my reference. I did come through an agency; i wonder if this could be reason. I said i would have to think about it. As regards social welfare my welfare claim could get into trouble. Therefore i asked welfare if the company confirmed i was laid off while the company put on my reference that i resigned that this should be ok. No sure what to do, any advice? My recruitment agent recently asked for a recommendation from me on linkedin, beginning to wonder.

I imagine if you resigned they could get a refund of the placement fee from the agency. Their motives may not be pure...

seamusk84

Definitely be made redundant. You never know who you might end up having to explain it to in social welfare, and having to explain the reasons you resigned will just confuse and potentially delay your claim.

Bob24

Does it seem like they are terminating your contract because they are not happy with your work are because they are removing your position?

If they are not happy I assume you are not going to use them as a reference anyway, so I don't see how resigning would make it look better for you.

Otherwise and if you really need them as a reference you can think about it, but in most scenarios I'd say you;d better let them take the responsibility for their decision.

Keane2baMused

Unless they plan on giving you enough money to cover the 9 weeks social welfare can disqualify you for I would in no way resign.

I assume you're not being laid off due to not being competent in your role, therefore what they have said makes no sense regarding your c.v.

Rhys Essien

Don't you have to be in a job at least 2 years to be made redundant?.Your probation has hardly lasted this long,has it?.

nikkibikki

Rhys Essien wrote:

Don't you have to be in a job at least 2 years to be made redundant?.Your probation has hardly lasted this long,has it?.

That's just to qualify for a redundancy payment AFAIK. The issue would be when looking to claim Jobseekers Benefit or Allowance, you would be disqualified for 9weeks payment for resigning.

OP, do you need to use them as a reference? What are you going to say in an interview when you are asked why you left? You can't say you were let go and then when they ring for a reference they'll be told you resigned. It'll look like you lied in your interview and you won't get the job. If you've only been there for less than 6months (guessing your probation was 6months or less) you can just leave them off your CV?

JobIrelan2016

Yes the probationary period was to have been six months.

JobIrelan2016

Yes i am been let because i was not competent at my role. Well, struggling abit; trying to improve the last few weeks; obviously not enough.

Stheno

JobIrelan2016 wrote: »

Yes the probationary period was to have been six months.

Did they say why they are letting you off?

Keane2baMused

JobIrelan2016 wrote: »

Yes i am been let because i was not competent at my role. Well, struggling abit; trying to improve the last few weeks; obviously not enough.

In this case yes it would be advisable to resign instead of being let go.

There's a big difference between being made redundant and let go for competency issues I'm afraid.

Bob24

JobIrelan2016 wrote: »

Yes i am been let because i was not competent at my role. Well, struggling abit; trying to improve the last few weeks; obviously not enough.

In that case I see little advantage for you in resigning (unless you want to make some strange and possibly unreliable deal with them to resign in exchange of a good reference, but that it not something I would personally recommend).

If they are the ones who are unhappy and you have no reason for leaving on your end, they should take responsibility for making a mistake hiring you (from their perspective - I am not making any judgement on the actually quality of your work when I say that), not asking you to cary that responsibility.

Del2005

JobIrelan2016 wrote: »

Yes i am been let because i was not competent at my role. Well, struggling abit; trying to improve the last few weeks; obviously not enough.

For a probation not working out it's weird that they are offering to let you resign. Is it a specialised field or where you on benefits before? That's the only reason I can see them asking you to resign if they got some allowance to take you on and loose it if they let you go.

Bob24

Keane2baMused wrote: »

In this case yes it would be advisable to resign instead of being let go.

There's a big difference between being made redundant and let go for competency issues I'm afraid.

Maybe I am missing something, but what practical difference does it make for the OP though?

In any case the OP can hardly use that employer as a reference, and if for some reason a prospective employers finds out the contact details of his former boss and calls that person, they will give negative feedback anyway.

Stheno

Bob24 wrote: »

Maybe I am missing something, but what practical difference does it make for the OP though?

In any case the OP can hardly use that employer as a reference, and if for some reason a prospective employers finds out the contact details of his former boss and calls that person, they will give negative feedback anyway.

Resigning means op potentially will not qualify for welfare for nine weeks

uck51js9zml2yt

OP - How long were you working there?

I'd personally let them take responsibility for their decision.

JobIrelan2016

My manager said he taught the job was not for me which is let's face it a polite way of saying your not good at your job. I personally taught i was increasing my work load but i think i should have been doing better. I think they just weren't happy with me; its a free country so can't fault that.

JobIrelan2016

I actually called welfare w/o giving my details and asked this question and was told i might nit get nothing which i think is wrong; i think nine weeks is all they can stop one for. I will ask if they consider confirming with welfare i was let go while maybe stating i resigned on my reference but as a previous post mentioned this could get messy as whats to stop welfare finding through other means that my reference said i resigned(which i think could be plausible or maybe i am been paranoid).

Stheno

JobIrelan2016 wrote: »

I actually called welfare w/o giving my details and asked this question and was told i might nit get nothing which i think is wrong; i think nine weeks is all they can stop one for. I will ask if they consider confirming with welfare i was let go while maybe stating i resigned on my reference but as a previous post mentioned this could get messy as whats to stop welfare finding through other means that my reference said i resigned(which i think could be plausible or maybe i am been paranoid).

Op, being blunt, you are being fired.

Why would you want a reference from a company you were fired from?

JobIrelan2016

Yes i'm been fired indeed. As regards getting a reference, i am unsure. Do Companies not check where one worked before at least to check a persons character as separate from their ability to perform? which rightly i suppose leads too saying i resigned or been fired makes no difference what so ever or does it?

CramCycle

Your within 6 months, if they write you a good reference for resigning, it might be worth it but they would be awfully foolish to do so if you were not competent in the role.

I can't see any benefit for you other than a reference which to be honest, you might not get and they would have no obligation to give you, like most places, I imagine they would prefer just a statement of employment and that is that.

When you go into welfare, they will ask you on the form, tell the truth, it was within 6 months and they let you go, no reason given, just not suited to the job. In this case, the resigning or the firing is semantics, as you are being let go.

Not sure what they would garner from you resigning other than less to stand on if you went for an unfair dismissal, which is unlikely due to the time frame.

myappeal

Hi JobIrelan2016,

A bit late to the discussion.... but, how long have you been there?

You can only be made statutorily redundant after a minimum of 2 years service, if working there less than two years - without anything like a transfer of undertakings you would not be made redundant.

Other posters are right about leaving vs being let go.... DSP can follow up to enquire... and leaving without just cause or good reason can result in any Social Welfare payment being stopped for up to 9 weeks, or more.

Redundancy – Voluntary Redundancy
Voluntary Redundancy occurs when an employer, faced with a situation where s/he requires a smaller workforce, asks for volunteers for redundancy. The people who then volunteer for redundancy are, if they fulfil the normal conditions, eligible for statutory redundancy. There must be a genuine redundancy situation in the first place. Persons who take a voluntary
redundancy are entitled to claim Jobseekers Benefit, and cannot be disqualified from seeking to claim Jobseekers Benefit because they volunteered for redundancy. If you are under 55 and get a redundancy payment of more than €50,000 you can be disqualified from claiming Jobseekers Benefit for up to 9 weeks.

Very often voluntary redundancy offers can include an additional, or ex-gratia, payment on top of your statutory redundancy payment. If you have been offered voluntary redundancy and refuse to accept it, you may be made compulsory redundant at a later stage. If this occurs you may only have entitlement to receive the statutory redundancy payment, without any
additional or ex-gratia payment that may have been paid to those whoaccepted voluntary redundancy.

Redundancy – Voluntary Severance / Voluntary Separation
Voluntary Severance occurs when an employer asks for staff to voluntarily depart from or leave the employment of a company. It can be a financial incentive offered by an employer to employees where a business is downsizing or restructuring.

A voluntary severance does not constitute a redundancy. This is because that job may continue to exist even after the person who accepted the voluntary severance has left the company.

Accepting a voluntary severance does not prevent the employee from being re-hired to do the same job under different working conditions, terms or rates of pay. However, forcing an employee to accept a voluntary severance in order to re-hire them under less favourable circumstances could constitute Constructive Dismissal and could be the subject of a complaint to theWorkplace Relations Commission (WRC)

Hope this helps

Regards

mansize

Why bother putting it down? Let them fire you and claim SW. Your boss might be hiding his/her own inadequacies re training or motivating staff by wanting you to quit. A ref of that short a time is little use

Bob24

Stheno wrote: »

Bob24 wrote: »

Maybe I am missing something, but what practical difference does it make for the OP though?

In any case the OP can hardly use that employer as a reference, and if for some reason a prospective employers finds out the contact details of his former boss and calls that person, they will give negative feedback anyway.

Resigning means op potentially will not qualify for welfare for nine weeks

Sure that point is clear. I meant what positive difference does it make? (As the poster I quoted suggested to resign and I don't understand why)

Keane2baMused

Bob24 wrote: »

Sure that point is clear. I meant what positive difference does it make? (As the poster I quoted suggested to resign and I don't understand why)

Maybe I'm wrong but from what I gathered in the OP's post the OP would receive a reference (in some positive light maybe?) if resigning and if not the company will have no choice but to be honest and say the OP'S employment was terminated, which is obviously not ideal.

OP really you need to clarify this with your employer though. They're not obliged to speak with you about it but it's worth a try.

VincePP

Not all work will suit all people even if initially both sides think it will.
Most employers accept that and would not be overly concerned on a reference regarding specific work unless its the same type of work.

When i look for a reference for a potential employee from a previous employer I want to know about time keeping, days off sick, how they got on with others and if they respected the employer and place of employment.

The question of them being able to do the work I want them to do would have been worked out at the final interview.

So yes, resigning and just accepting that the specific work does not suit is best option.

An even better option is to have them give a reference saying they took you on for a short term contract to cover an absence.

Bob24

VincePP wrote: »

So yes, resigning and just accepting that the specific work does not suit is best option.

An even better option is to have them give a reference saying they took you on for a short term contract to cover an absence.

Not trying to be funny or anything, but if I rephrase your suggestion differently and yet accurately: take the risk of losing potential social welfare payments (if the OP resigns) and ask your employer to provide a reference whereby they are blatantly lying (fake mention of a short term contract) - a request they might quietly disclose to a prospective employer without telling you if you use them as a referee and they get a call.

It is the OP's decision and they can think of the benefits you mentioned and likelihood of the risks I mentioned, but personally I don't think I'd go for that option.