Resignation Before Hr Meeting

Summary

In New York, if an employee submits a resignation before an HR meeting and there was no prior communication of termination, it is generally considered a resignation. Even if the employer intended to terminate for attitude issues, the lack of prior communication before the resignation submission leans the situation towards a resignation. For future job applications and license renewals, the individual should indicate resigned and be prepared to explain the context if necessary. Consulting an employment lawyer can provide further clarity on this nuanced case.

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In a hypothetical scenario in New York State, if an employee is told they have a meeting with HR and then they submit a resignation twenty minutes before the meeting is that termination or resignation
In New York, if an employee submits a resignation before a meeting with HR, it is generally considered a resignation, unless the employer had already decided to terminate the employee before the resignation was submitted. The timing of the communication is crucial.
They did but the employee was only told to meet with hr not given a reason why
In New York, if an employee submits their resignation before the HR meeting and hasn't been informed of any termination decision, it is typically considered a resignation. If termination was pre-decided but not communicated, the situation might be more complex. Was there any indication the employer intended to terminate?
Not really? It was the last day of a 1 year long probation period and they were offered another position 3 days prior to the decision to terminate
Case Rating: *
In this case, the situation seems to be leaning towards a resignation since the employee submitted their resignation before the HR meeting, and there was no clear communication of termination. However, factors such as the timing of the probation period ending and the offer of another position could complicate things.
One question to consider: Was there any documentation or communication indicating the termination decision before the resignation was submitted?
Nope
Case Rating: *
In this scenario, it appears more like a resignation since there was no prior communication of termination and the resignation was submitted before the HR meeting. Given the complexities such as the probation period and the offer of another position, it might be beneficial to consult with an employment lawyer for a more in-depth evaluation, but it's not a high-value case based on the information provided.
What does that mean it’s not a high value case
When we refer to a case as "not a high-value case," it generally means that, based on the information provided, it doesn't have the strong indicators or potential for significant legal outcomes or financial compensation that typically classify a situation as high value. In your scenario, it seems more like a resignation without clear evidence of wrongful termination, which might not warrant substantial legal action or compensation. However, consulting with an employment lawyer can still offer valuable insights.
Well for future job applications does one check off resigned or terminated
Case Rating: *
In future job applications, the individual should check off "resigned" since there was no clear termination communication before the resignation was submitted. However, it's always a good idea to be prepared to explain the situation during interviews.
What about during license renewal
Case Rating: *
During a license renewal, if it's a professional license and the application asks for employment history, it's best to state "resigned" in alignment with how you've described your departure. Always be prepared to provide context if needed.
So it’s a resignation and not termination
Case Rating: *
In your described scenario, it seems to be a resignation since the employee submitted their resignation before any formal termination communication. For future job applications and license renewals, it's advisable to indicate "resigned" and be ready to explain the context if necessary. This situation doesn't appear to have strong indicators for significant legal action.
The employee found out at the meeting they intended to terminate for attitude problems but nothing specific
Case Rating: *
In this situation, since the employee found out about the intended termination during the meeting, it complicates the scenario. However, since the resignation was submitted before the meeting and no specific termination reasons were communicated before, it generally leans towards a resignation. Consulting an employment lawyer for this nuanced case could still be beneficial. Would you like more information on employment law in New York?
What is your understanding of the situation
Case Rating: *
In this scenario, it appears that an employee submitted a resignation before an HR meeting in New York. Although the employee later found out that the employer intended to terminate them for attitude issues, there wasn't prior communication of termination before the resignation. This situation leans towards a resignation rather than termination. The case lacks strong indicators for significant legal action, but consulting an employment lawyer might still provide clarity.