Termination upheld at Skelly
I am a public employee working with union benefits. I have been served with a notice of proposed termination. Before i asked for a Skelly meeting i was offered a chance to resign and my employer would clear my record and not fight unemployment. I was told by my employer if i had a Skelly and the termination was upheld they would not clear my record and would fight my unemployment. I decided to ask for a Skelly meeting. The termination was upheld and now they are offering a resignation again. Are they trying to keep me from appealing the decision or are they just being nice?
1 answer | asked Mar 16, 2012 8:44 PM [EST] | applies to California
Answers (1)
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on this web site as a service to the public, primarily when general information may be of assistance. A web site such as this is not an appropriate forum for an in-depth response or a detailed analysis for many reasons, including that the communication is not private. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
It's impossible to know how to answer your question without having any of the facts. You are in a much better place to know how likely you are to win an appeal. Did the employer have good reason to fire you? Did the union file a grievance? If so, what is the status? How long had you worked there? Why were you fired?
It's probably better to have a resignation on your resume than being fired. But these days, most people don't quit their job until something else is lined up, especially if they worked at the same place for a long time. It might be better to have an agreed-upon reason for the resignation, rather than a voluntary resignation. Maybe there were family issues that needed immediate attention, or you decided to go to school, or some other reason. I'm not suggesting that you lie, but you can certainly shine the best possible light on what happened.
posted by Marilynn Mika Spencer | Mar 17, 2012 12:22 AM [EST]
It's impossible to know how to answer your question without having any of the facts. You are in a much better place to know how likely you are to win an appeal. Did the employer have good reason to fire you? Did the union file a grievance? If so, what is the status? How long had you worked there? Why were you fired?
It's probably better to have a resignation on your resume than being fired. But these days, most people don't quit their job until something else is lined up, especially if they worked at the same place for a long time. It might be better to have an agreed-upon reason for the resignation, rather than a voluntary resignation. Maybe there were family issues that needed immediate attention, or you decided to go to school, or some other reason. I'm not suggesting that you lie, but you can certainly shine the best possible light on what happened.
posted by Marilynn Mika Spencer | Mar 17, 2012 12:22 AM [EST]
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