FAQ: What Can I Do If My Employer Says They Want Me Gone?

Few conversations at work are more upsetting than hearing your employer say something like "This isn't working anymore."  Hearing words like these can leave you feeling shocked, angry or scared about your future. You may feel pressured to resign immediately or agree to whatever your employer suggests just to end the conversation.  Before you make any decisions, stop and think carefully.

In New Zealand, employers generally cannot simply decide they want an employee gone without following a fair and reasonable process. What happens next could have a significant impact on your job, your finances and your legal rights.

Stay Calm and Don't Make Immediate Decisions

Your first reaction may be to defend yourself, argue or walk out.  Don't resign simply because your employer says they want you to. Once you resign, it can be much harder to challenge what happened later. Unless you genuinely want to leave, it is usually better to take some time before making any decision.  If you are asked to resign, you could simply say:

"I need some time to think about what you've said. I'm not making any decisions today."

That gives you time to understand your options.

Find Out Why They Want You to Leave

Ask respectful questions.  You need to understand exactly why your employer believes your employment should end.  For example:

• Is this about my performance?

• Have I done something wrong?

• Is there a complaint against me?

• Is my position changing?

• Is this a redundancy?

• What process are you intending to follow?

The answer matters because different situations require different legal processes.  An employer cannot simply say they want you gone without giving you a proper explanation.

Ask for Everything in Writing

If your employer raises concerns verbally, ask them to confirm those concerns in writing.  Having written information helps you understand exactly what is being alleged, prepare your response, obtain advice if necessary, and avoid misunderstandings.  It is much easier to deal with facts than rumours or vague comments.

Don't Feel Pressured Into Resigning

Unfortunately, some employers believe encouraging an employee to resign is easier than following a disciplinary or performance process.  You might hear things like ‘It will look better if you resign.’ which can feel like enormous pressure on an employee.  Remember, you are under no obligation to resign simply because your employer asks you to.  If your employer wants to end your employment, they generally need to follow a fair and reasonable process.

Consider Whether Proper Process Is Being Followed

Ask yourself:

• Have I been told what the concerns are?

• Have I been given a chance to respond?

• Have I had enough time to prepare?

• Have I been offered the opportunity to bring a support person?

• Has my employer genuinely listened to my explanation?

• Has any investigation taken place if misconduct is alleged?

• Has my employer already made up their mind?

If the answer to several of these questions is no, there may be concerns about whether your employer is acting fairly.

Keep Good Records

As soon as possible after any conversation, write down the date and time, who attended, exactly what was said, any documents you received, and any witnesses to the conversation.  Save any emails, text messages, letters, or screenshots.  These records may become very important if the situation escalates.

Continue Acting Professionally

Even if you believe your employer is treating you unfairly, continue behaving professionally.  Turn up to work, complete your duties, and follow reasonable instructions.  Avoid sending angry emails, social media posts or getting into heated confrontations.  Your conduct throughout the process may later become important evidence.

Be Careful About Signing Anything

If your employer offers you a resignation letter, a settlement agreement, an exit package, a record of settlement, or another legal document, don't feel pressured to sign it immediately.  Ask for time to consider it.  Once certain agreements are signed, it can be difficult or impossible to change your mind.  Getting independent advice beforehand is almost always worthwhile.

When Should You Get Help?

Sometimes workplace problems can be resolved by talking openly with your employer.  However, there are situations where getting advice early can make a significant difference.  You should consider speaking with an employment advocate if:

• your employer has asked you to resign,

• you have been suspended,

• you are accused of misconduct or serious misconduct,

• disciplinary meetings have been arranged,

• you believe your employer has already decided to dismiss you,

• you are being pressured into accepting a settlement,

• you are unsure of your rights, or

• you feel intimidated or bullied during the process.

  
  

Many employees wait until they have already lost their job before seeking advice.  In many cases, earlier advice provides more opportunities to protect your position and influence the outcome.  

Could You Have a Personal Grievance?

Not every dismissal or difficult conversation gives rise to a personal grievance.  However, if your employer dismisses you without following a fair and reasonable process, pressures you into resigning, or treats you unfairly during the process, you may have legal options available and you may have grounds for a constructive dismissal.

If your employer says they want you out, it is natural to feel anxious and uncertain, but don't let emotion force you into making quick decisions.  Stay calm, ask for clarification, keep records or any discussion, and don't resign under pressure.  Most importantly, understand that employers usually cannot simply decide they no longer want an employee and ignore their legal obligations.

If you are unsure about what is happening or feel the process is unfair, getting advice from an experienced employment advocate early may help protect both your job and your legal rights. Contact us today for a free consultation. MathewsWalker.co.nz | 0800 612 355

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Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.