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If I have been put on administrative leave for an

Customer Question
investigation of misconduct as a...
If I have been put on administrative leave for an investigation of misconduct as a finanacial advisor for a bank firm for filling out a form after the client signed it with the clients knowledge but goes against the companies compliance manual, is it better for me to resign or wait till they terminate me?
Submitted: 7 months ago.Category: Employment Law
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10/5/2017
Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,140
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. It's generally better to resign than be fired, as you can say in applications with new employers that you resigned. Now that does generally make you ineligible for unemployment benefits, but so would violations of employment policies. If you feel that you're going to be terminated, I would say that it's better to resign. But if you don't know (rather, maybe they'll put you on a improvement plan or some other discipline) then it might be worth it to wait and see what their actions will be.

Does that help clear things up?

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Customer reply replied 7 months ago
thank you, ***** ***** you feel they were abusing you with the workload and what they expected you to do in the course of a week, do you have leverage?
Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

Not necessarily. The first thing that you need to know is that Minnesota is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

Now if they were discriminating based upon one of those illegal factors, then you would have leverage.

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

Again, I wanted to make it clear that this is only if you are sure that they're going to terminate. IF there's anything else, please let me know.

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

Hello?

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

Please note that I am still waiting for your response or rating...

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

Are you there?

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Employment Lawyer: ScottyMacEsq, Lawyer replied 6 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
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