Was asked to resign at work

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wazup

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Hey all

Long time reader, first time poster. See people on here discuss literally anything, so I thought let's give it a try. I really need some objective advice.

Today at work I've been asked to resign. Management feels I'm underperforming and they do not want to employ me any longer. I've been working here for a year now, permanently employed. They said they could fire me and we part our ways on bad terms, or I could resign and then they will pay me for May and for June, to help me out - but I only need to work for May.

I am tempted to resign and be assured for two month's salary, yes it is a gamble if I don't find another job, but it is better than being fired and only get one more salary (or even none) rather than two. How can I be assured they will pay me for June? I must get it in writing, yes?

I am extremely unhappy here but did not want to leave before I have other income, but now that I am kind of forced to...what must I do? I'm sure you will need more details around this scenario so ask and I will answer, maybe you can help me to make the right decision.
 
They cant fire you if you are doing your best, they would first need to send you on training and try and help you improve.

Just tell them that you are looking for another position and will resign if you find a suitable alternative.

If they fire you or start trying to get rid of you go to the ccma and have them arbitrate the dispute.
 
I'm sure there's a big legal procedure to follow before they can fire you. As in, they need to have alot of evidence that you're underperforming and what steps they've taken to help you , plus they've had to have given you warnings in that regard.

However, you will need to go through the CCMA/Court to fight this if you feel they are not following legal procedure. So this can end up being a very painful , drawn out process. Considering that you want to leave -anyway- , this sounds like a lose-lose thing to fight, so maybe you win and you manage to stay on longer, what then? You will have to perform and they will make life hell for you (or at least demand you perform) . It also does not help if you maybe know you're underperforming (for whatever reason) and trying to fight this based on a "technicality" in how the company handled the process.

So you have to ask yourself: Is it worth it to get fired, fight them in court, win the case, return to same place and end up with the exact same problem you had before , just now it's 10 times worse.

I would go for the resignation offer if you asked me. Obviously i'm assuming a few things:
a] Wanting to leave anyway
b] Probably knowing you were not performing due to [a] and that you were not intending to perform better in the future.


If you said, you are performing and the company is at fault and you are willing to do whatever is required to get in the company's good books again, THEN i'd say you have reason to try and fight this. This does not quite sound like your situation....
 
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What was your probation period?

If you are not under probation then they cannot summarily dismiss you for poor work performance.

They would have to had assessed your performance periodically (monthly, quarterly or half yearly) and provided you with feedback of any shortcomings as well as a remedial action to bring your performance up to par.

Their next step should be to sit with you and work out a remedial path with specific target dates. If you do not meet those dates they can have a formal disciplinary enquiry for poor work performance. They still cannot dismiss you at this stage but you could receive a final written warning with yet another remedial action plan and target dates.

If you still don't perform they can have another disciplinary enquiry and this time you can be dismissed.

As you can see the Labour legislation is slanted in the employee's favour. It is very difficult to dismiss someone for poor work performance if done by the book!
 
Not a horrible offer,you want to leave anyway...i'd go for it

They'll take far more effort to get you fired but...can you afford the wait,they could hold back and drag out severance monies and salary ( even if they do get fined you get those who are willing to pay double in fines just to prove a point ). You score later but in the interim you are bummed
 
Beachless said:
They cant fire you if you are doing your best, they would first need to send you on training and try and help you improve.

Just tell them that you are looking for another position and will resign if you find a suitable alternative.

If they fire you or start trying to get rid of you go to the ccma and have them arbitrate the dispute.
Click to expand...
This.

Do not resign, yet.

They need to follow procedures or you go to the ccma.
They are not above the law.
 
AFAIK they can't just fire you, even for underperforming, unless you have explicitly defined targets and conditions in your contract. They can fire you for not performing at all, which they would have to prove. Hang on and get another job first, and drag it to the CCMA if they proceed.
 
If you resign then you will not be eligible for UIF They cannot fire you without giving warnings, Giving you a chance to improve and finally holding hearings appeal etc. Even if they fire you they must pay notice pay and outstanding leave.

Start looking for another job, do your best at work and try to stretch it until you can leave on your terms.
 
MexicanStandoff said:
CCMA doesn't look good on a persons CV,especially if you've only been employed for a year.

Must be last resort
Click to expand...

You don't put CCMA on your CV...

If a new company asks why you left, you explain in clear terms, that the company didn't follow the BCOE, and fired you without following any process in terms of remedial action etc etc...
 
Is your work that bad that in a normal labour market you would be fired?
If it is then you have to decide is your current career the correct long term one for you. Once you have decided the long term direction then you can look at how to get out of your short term problem. IE resign or be fired.
Use this as an opportunity to decide on your future
 
Firstly are you permanently employed?
Start looking for a new job NOW!! Make your new job to find a new job! Tell them you will be out of their hair ASAP don't be rude, don't burn your bridges. Tell them you'll do your very best work while you look for something else.
 
1. Do not resign (yet).
2. Discuss a remedial / development plan with your current employer.
3. Start looking for a new job.
4. When you have signed for a new job, resign.
 
Thank you for all the replies so far. It is really appreciated.

I am torn in two though.

No written warnings were given - also no disciplinary hearing, etc. No formal performance reviews were done, no performance targets ever specified. No training was ever done. No remedial action was offered now. I was twice severely reprimanded about job performance verbally (that might count as verbal warnings?). (They are unfair in their expectations and another director of the company even told them so, but that is another story)

So yes, I might have a case if I go to the CCMA - but yes, after many posters pointed out, it is a lot of hassle, unpleasantness, etc. and what if they fabricate false evidence against me? (unfortunately I believe they are capable of it). The CEO said if I decide to decline resignation and they have to fire me, I can run to the CCMA all I want, he has enough "proof" of me underperforming. Don't know what he considers as proof, but yeah without warnings, etc. I might stand a chance?

The problem is, he has very good lawyers and he is a very clever man, one can never win an argument with him. And there is always the chance that he wins the case, and then I sit with nothing. And I'm also minus a salary for May, which would be a huge problem for me.

Another possibility - he knows he could lose the case, that is why he is offering me an extra month's salary to go?

I cannot afford to be without a salary for even a month...and that is why it is so difficult to decide what to do.
 
How much work experience do you have? I feel if you had a month free to search you could find something in the space of a month if you had a decent CV. It also depends if you're supporting yourself, living at home, have a family to support? You might find it liberating to freefall a bit. I've known people who were passively fired in a similar way and went on to find much better situations because they knew what they wanted after that. There's nothing worse than hating your job every day; the longer you drag it out the worse it will become.
 
He will probably lose the case at the CCMA but he can drag it out as long as possible to spite you.
As everyone says, they can't fire you for under performance without trying to remedy it by offering training, coaching, etc. And then if you still don't perform even with training they can begin with hearings.
 
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