Termination vs. Resignation and Future Job Implications

T

tizzizzailslf04

Well-Known Member
Question for you all...

I wish I could go into more detail, however, I can't at the moment (but will be able to soon). But basically, a customer service agent at a large regional airline was forced to work past their required shift. This has been a regular occurrence for years, with all the agents at this company. Normally, the agent complies, however, the agent needed to leave on time on this day for personal reasons. Long story short, the agent left at their scheduled time. The company then suspended the agent with pay, pending an "investigation" of the incident.

The question is, how will this affect the agent in the future when looking for employment as a pilot? Would it be better for the agent to resign before the eventual termination, or just let the investigation happen and risk having a termination on record from an airline.
 
is it part of the job description to work overtime (whether mandatory or not)? did the agent say they would be able to, then decided not to of his own volition and didn't tell anyone when he/she left the area?

was there opportunity to swap with another employee and are you sure this person will get terminated?
 
Sounds like the company is creating sketchy ways to manipulate and or fire people, "Your shift ends when we say it ends". Could be making an example of this person, to strong arm other employees to play along. As this employee is sweating the results of the investigation other employees will think twice about leaving on time.

If this is so most likely they will be given the option at the end of the investigation to resign or be terminated if the company wants them gone. This way the company protects itself from a wrongful termination law suit. This person should be able to find out from others how this is usually resolved.

I wish I could get suspended with pay instead of having to use my vacation time. Hopefully he is returned to work after a long investigation, can he jumpseat while on investigation?
 
I would advise your friend not to resign. These types of incidents sometimes begin as a mole hill and then escalate into something bigger. Just let the investigation play out. Your friend may want to consult with their union representative or if they are non union then an attorney that deals with labor issues.

Joe
 
Kristie said:
is it part of the job description to work overtime (whether mandatory or not)? did the agent say they would be able to, then decided not to of his own volition and didn't tell anyone when he/she left the area?

was there opportunity to swap with another employee and are you sure this person will get terminated?
Click to expand...

Mandatory OT IS in the job description, however, it is also expected that the agent receive notice of the extension at least two hours prior to the end of the shift (with the exception of bad weather and off scheduled operations, when it may not always be possible to give prior notice). In this case, however, the agent was not informed that he would be expected to stay until it was time to leave, which eliminated time for the agent to swap with another employee. At that point, the agent called the superiors and informed them that he could not stay, and that he was leaving. Then the agent left the area.

Unfortunately, this group (gate agents) is non-union. By chance, an immediate relative of the agent is an attorney for the Dept. of Labor.

It is worth noting that the agent strongly feels that the way the company handled the "suspension" was extremely unacceptable, from not allowing the employee adequate time to prepare a formal statement of the incident (agent informed supervisor that he would like to turn in statement the next day, in order to give a full and concise account of the incident. Supervisor told agent that he must do it within the hour or it would be grounds for termination), to not allowing the agent to have his designated witness present at the time of suspension." The employee feels like he has sufficient grounds to at LEAST file a formal complaint against the company with the proper agencies.

However, the agent feels like taking further action against the company would be a huge red flag for other airlines in the future when he is looking for pilot positions, and that it might be best to just cut losses, resign, and leave it at that. The employee certainly feels like he has sufficient proof of misconduct by the company, however, he doesn't want to do anything that will jeopardize his ultimate goal of becoming an airline pilot (anymore than this may have)...
 
I should have put sarcasm in part of my post. To me it would be a dream come true: suspended with pay, and jumpseat privileges...Roadtrip. Does your friend really want to fly for this company after this experience?

Have him read the employee handbook carefully. If a 2 hour advanced notice is needed before forced overtime, and it was not given, he should be safe. He does not need to proceed with legal actions but should have the family attorney analyze the situation for him so he has an idea where he stands. It could be the company trying to intimidate others from leaving when scheduled. However firing someone in the wrong and loosing a case sets a precedent that the company does not want to set, have the family lawyer advise him where he stands.

Any complaint can be made after the fact as well as any lawsuit, he should not bring complaints or lawyers into it until needed. However advice from the family attorney may allow him to make statements to ensure he is not wrongfully intimidated or railroaded into an unjust verdict. If he is in the right, a properly worded letter could encourage the company to see he is in the right and he knows it, putting them at risk for wrongful termination.
 
Jeez, what is this? A minimum wage agent job at frikkin' regional airline? Screw 'em. Resign and go on about your life. They're not law enforcement, the US government, or God. They can't do anything more than end your employment. Since that seems to be the way it's going anyway, resign, and tell 'em to go f--- themselves.
 
Utah does not set any restrictions on the number of hours an empoyee can be required to work, and the restrictions on a federal level (pilots, ATC, truckers,etc) don't apply. That means there is nothing illegal about a company requiring mandatory overtime, regardless of whether it was expected of the employee. There is no law in Utah that says you must be given notice prior to the end of your shift if it is to be extended (if this is a company policy I would suggest your friend see if it is in writing, if it is just a courtesy that your friends Manager has been trying to offer, that is different.)

All that together means that if your friend refused to work the overtime shift he or she was being insubordinate and they could have terminated him or her immediately.

With that said it is almost never a good idea (IMHO) to accept resignation in lieu of termination, because every single job application will ask if you were terminated or asked to resign. It is in effect the same thing because they both will say you are not eligible for rehire and stop there, and by resigning you disqualify yourself for unemployment benefits, which is the reason a company will give you this offer in the first place.
 
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