"Forced" to resign

[sdrocketman]

Hello - First post. Thanks for validating my account.

I am a schoolteacher, and am looking to make the career change into LE in 1-2 years. I have never had a contract or tenure, as I worked in charter schools for the majority of my career. I have been teaching for 10 years (a veteran teacher), and I will be 38-39 when I begin applying for LE positions.

In September, I was let go from my last teaching job. The reasons were purely political; of course, I cannot prove that, but hopefully my word will suffice. Mgmt. was inept, and I was in the unfortunate position of having to confront the mgr. (director) about several issues, as I was in a pos. of leadership within the school.

As a result, to punish me, I was let go one month into the school year. Those familiar with the charter school movement know that these types of things happen more frequently than is reported (we don't have the benefit of being in the teacher's union to protect us).

I had grounds to fight it, as the school board would never have allowed it, but the director threatened to withhold my final paycheck if I didn't resign. She said that I could choose to resign, and hence save my reputation.

Acc. to various legal opinion I have received, I should not have to disclose that I was forced to resign, since after all, I chose to resign (even if under duress). I have been counseled that this would be an honest answer, and "legally accurate." However, I don't think they are right. Also, I have integrity, and want to demonstrate that fact to any agency.

How can I present this? I know better than to badmouth my former employer. However, is latitude given for such times when employer/employee don't see eye to eye on certain issues, and as a result must part ways? I have been offered other teaching jobs, and the nice thing is that educators and principals are familiar with the ineptitude that often comes up in the charter school movement. I haven't had to explain the details, because they assume that I wanted to leave for greener pastures, which is true. However, I don't know how another industry would view this, as they are unfamiliar perhaps with the politics and animosity that occurs between and within charter and traditional schools.


Thanks for any advice!

sdrocketman

[BrickCop]

I don't expect (or request) that you give specific details but the reasons for your "forced" resignation will be of obvious importance to a BI.

[MaineSqueeze]

This shouldnt impact youre hiring. Youre a teacher, I assume you havnt done anything too illegal in the past 10 years. You must be college educated. Im sure you'll pass a BI with flying colors at your age and former job. You will deffinatly have to explain this to a BI and be prepared to do so in full detail. ext.. But you should deffinatly get hired. If this is the only thing you're worried about throughout your entire investigation, I wouldnt sweat it one bit, just be truthful, dont sugar coat anything, and you'll be fine.

[L-1]

I had grounds to fight it, as the school board would never have allowed it, but the director threatened to withhold my final paycheck if I didn't resign. She said that I could choose to resign, and hence save my reputation.

This would be considered as a resignation to avoid termination and you need to disclose it to you BI.

As far as withholding you check is concerned, you should have called her bluff. Section 201 of the California Labor Code mandates that employers immediately pay a fired employee all wages earned and due at the time of termination. If they fail to do so, you can file a claim with the state labor board. As a penalty for failing to pay you, the law grants you, and the board routinely awards continuing daily wages, seven days a week, for every day they are late in paying you. So, if you are due 10 days wages and they are 30 days late in paying you, you wind up getting 40 days wages. (OTOH, if you resign, they have 72 hours to pay you and penalties apply after that.)

A friend recently went to work for the State and quit after 2 days. It took the State over a month to pay him for his two days. My friend then filed a claim with the California Labor Board and was awarded over a month's pay for the State's tardiness.

[PhilipCal]

In Alabama, you would have been paid on the next regular pay day. An employer who withheld wages due you would have placed himself in a serious liability position. Obviously, I'm not in a position to make a judgement on the "merit's: of your situation, and I have to confess an almost total ignorance of the Charter School Movement. At the end of the day, rightly or wrongly, you did resign in lieu of being terminated. Under the circumstances you described, it probably won't impact your application in a negative way. Disregard any advice, purportedly legal or otherwise, which advises you to not disclose your situation on an application. Disclose it. Explain it. You fail to disclose the events at your own risk. A parting thought: and please don't take offense. But at 38-39 you're either past, or fast approaching the maximum age for many agencies. Get to work applying, and Good luck.

[sdrocketman]

Thanks for the kind words and advice, everyone! Talk to you later.

sdrocketman

[isaac0729]

Hey all similar situation,
I was fire during my probationary period from Dept. Homeland Security (ICE); in the field maybe three months. They said it was due to failure to follow proceedures correctly, in regards to answering my duty phone on time, and a reporting requirement that I didnt really know how to do. To boot I was never assigned an FTO which I found out later was signed into policy.

Im a former Marine, Operation Iraqi Freedom Vet honorably discharged, and a former Sheriff's Deputy (1 1/2 years) from which I resigned to take the Special Agent job. I too have a bachelor's and former SWAT operator.

Problem is I have two petty thefts and a resisting arrest charge, all dropped, over 10 years ago. I officially have two disorderly conducts on my record.

What are my chances to getiing hired by NYPD? Looking for some advice from background investigators wanting to stay, I would greatly appreciate it this. Thanks.

[isaac0729]

Hello All.

Similar situation, fired during my probationary period from Dept. of Homland Security (ICE). The agency said it was because of a performance failure, due to my lack of following the proper proceedures in reference to answering my duty cell phone in time and a reporting requirement that I did not know how to do. Found out later that I was supposed to have an FTO by policy, assigned to me which I did not.

My concern is this termination, and the fact that as a young adult I was charged with two petty thefts and resisitng arrest. All of these were dropped and over 10 years ago. I have two disorderly conducts on my record officially.

I tried to right my wrongs and joined the military. I'm a former Marine, honorable discharge and Iraqi Freedom Vet. Former Sheriff's Deputy which I resigned from to take the Special Agent job, and former SWAT team operator. I too have a Bachelors. I'm also a married Dad so alot has changed since my youth.

If there are NYPD background investigators out there, wondered what my chances of hire might be. Anyone with advice, would be greatly appreciated. Thanks in advance.

[BrickCop]

NYPD goes countrywide recruiting...you shouldn't have a problem based on what you've posted.

[isaac0729]

Thanks Brickcop. Guys that took the same exam #6093 as me are getting the call, so I am a little nervous. Plus they havent sent the DET.'S to check my current addres which concerns me too. I guess I wont know till I know. Stay safe out there.