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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1831
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Im a RN who has been asked to resign my job as a treatment

Resolved Question:

I'm a RN who has been asked to resign my job as a treatment nurse for 110 bed facility because I made a poor judgment and change a pt dressing in a patio area because the pts. asked me to do it there. He was enjoying sitting in the sun and did not want to return to his room. The wound was positive for MRSA,and the pt had been on antibiotics for over two weeks but no follow up cultures had been done. Do I have any options?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Brandon, Esq. :

Hello and thank you for your question today.

Brandon, Esq. :

Are you online with me?

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

First let me say that I am terribly sorry that you are in this situation. It is a shame when an employer decides to do something without legitimacy. Especially when that something is completely wrong. In response to your question, you can never be forced to resign. Whether or not to resign is completely up to you. That being said, if you do resign, then you will not receive unemployment benefits. As for letting them fire you to receive benefits, then you have a couple of options. First, if you have an employment contract stating you can only be fired for cause, or if you are part of a union, then you may have recourse available to you. Most of the time in these situations there is a procedure that must be followed prior to termination. This usually results in you receiving multiple write-ups.

Brandon, Esq. :

If, however, you are an at will employee (as is the default in California) then your employer would be allowed to terminate you for any reason that was not in violation of your civil rights or in breach of contract.

Brandon, Esq. :

If you let them fire you, you will receive unemployment benefits. This is because to be denied benefits they must prove misconduct. Once instance of poor judgment would not be tantamount to misconduct, and thus you would be rightly entitled to benefits.

Brandon, Esq. :

If you resign, then unemployment will see this as you loosing your job through fault of your own, and thus deny you benefits.

Brandon, Esq. :

Does all of this make sense?

Brandon, Esq. :

Additionally, if you believe the real reason that you are being asked to resign when other people have made similar mistakes, could be related to a protected category, such as your age (over 40), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability, then the termination would be deemed wrongful and you would have a cause of action.

Brandon, Esq. :

However, in that instance, you would need to show 1) discrimination based on a protected category, and 2) that other employees engaged in the same or similar conduct and were not terminated.

Brandon, Esq. :

The best approach here may be to try to set up a meeting with your supervisor and explain in a calm and positive manner that you really like your job, really like working there, and wonder if there is any way that they could allow you to continue your employment there. They may put you on a probationary term or give you additional training.

Brandon, Esq. :

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Brandon, Esq. :

Does everything I have said above make sense?

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Brandon, Esq. :

Please remember that I do not know what you know.

Brandon, Esq. :

If you would like to step back into chat and tell me what I can do to better assist you please feel free to do so

Brandon, Esq. :

If there is a reason that you felt the need to rate bad service, please inform me and I will be happy to assist you further.

Brandon, Esq. :

If you are part of a union, or if you have an employment contract stating you can only be fired for cause, please inform me

Brandon, Esq. :

If you need clarification on anything I have said, please inform me and I will be happy to assist you further

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1831
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other Employment Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.
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