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You are here: Home / Employment / Termination v. Resignation

Termination v. Resignation

February 16, 2017 by LORIE A BROWN, R.N., M.N., J.D. Leave a Comment

Sometime nurses resign yet their employment records will show that they were terminated.  Therefore, the question becomes, how can you properly resign?

In order to properly resign, you must submit your resignation in writing and it has to be accepted.  Keep documentation of your resignation and, for added measure, have it signed and dated by your employer.  Also, if it is possible, get a letter confirming your resignation.  That way, there can be no question that you resigned and were not terminated.

If you resign amid an investigation, then it can be considered as a resignation in lieu of termination provided they accept your resignation.  The key is to make sure that your employer accepts your resignation and that you have proof that you properly resigned.

The problem is that if your resignation is not accepted and you don’t know it, if you do not put that you were terminated on future job applications, or if your license renewal asks the question about have you ever been reprimanded, disciplined or terminated in your capacity as a health care professional, then you are committing fraud and material representation in obtaining a nursing position or a license.

You have an obligation on a license application to put every nursing position you’ve held and whether or not you were terminated if that is what the question asks.  Usually there is something at the bottom of the application where you sign it saying you affirm that you have been truthful and accurate on the application.  If your resignation is not accepted and you don’t know it, you are committing fraud.  Therefore, it is imperative that you know whether your resignation has been accepted.

If you have been terminated and you believe your termination was improper, it is sometimes possible for an attorney to contact your employer and have your termination changed to a resignation.

Most importantly, if you see the handwriting on the wall, resign but do so properly.  You can always get another job, but you can’t get another license.

If you are required to give a certain amount of notice, make sure that notice is given and that your resignation is accepted.

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Filed Under: Employment, License Protection, Newsletter, Workplace Issues

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