Need work advice. I'm torn.

[msteel1121]

I have been working at an FDIC bank for the past 12 years. I have a felony conviction from 1995. Possession with intent to distribute Marijuana. The application I filled out at the time stated not to disclose any marijuana related convictions. I did not but when it came time to getting fingerprinted and criminal record search I disclosed the issue to my HR department. All has obviously been well. However in 2013 due to Bernie Madoff now the FDIC trumps california law (2 year marijuana disclosure limit) and all convictions will appear on record. My employer has stated that they have lost my fingerprint details and will need to run them again. I'm almost guaranteed to get fired due FDIC section 19. Should I quit in advance or let the system take it's course. My biggest concern is that if I get fired it will be with cause due to FDIC rulings and not through any fault of my own I'm afraid I wont be able to use my employer as a reference and that it will be 10 times harder to get any gainful employment. If you were in my shoes would you quit or just deal with it as it comes.

Also my second biggest issue is I dont think i'll even be eligible for unemployment because I think it'll be considered breach of trust.

 

[Proserpina]

I have been working at an FDIC bank for the past 12 years. I have a felony conviction from 1995. Possession with intent to distribute Marijuana. The application I filled out at the time stated not to disclose any marijuana related convictions. I did not but when it came time to getting fingerprinted and criminal record search I disclosed the issue to my HR department. All has obviously been well. However in 2013 due to Bernie Madoff now the FDIC trumps california law (2 year marijuana disclosure limit) and all convictions will appear on record. My employer has stated that they have lost my fingerprint details and will need to run them again. I'm almost guaranteed to get fired due FDIC section 19. Should I quit in advance or let the system take it's course. My biggest concern is that if I get fired it will be with cause due to FDIC rulings and not through any fault of my own I'm afraid I wont be able to use my employer as a reference and that it will be 10 times harder to get any gainful employment. If you were in my shoes would you quit or just deal with it as it comes.

Also my second biggest issue is I dont think i'll even be eligible for unemployment because I think it'll be considered breach of trust.

Please hang on for the HR folk to stop by, but in the meantime - DO NOT QUIT. If you're fired, go for UI anyway.

 

[Chyvan]

Should I quit in advance . . . . My biggest concern is that if I get fired it will be with cause due to FDIC rulings and not through any fault of my own I'm afraid I wont be able to use my employer as a reference and that it will be 10 times harder to get any gainful employment.

If you preemptively quit, it will be treated like this

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_135.htm#QuitinAnticipationofDischarge

Which isn't really the kind of thing that would get you UI, and neither is worrying about a reference, but that's something you're going to have to decide for yourself. I'd personally would go for the UI as the consolation prize rather than get nothing, and who's to say you're still not going to get a bad reference, and most people know that when you quit a job without immediately going to another one, something's up.

I dont think i'll even be eligible for unemployment because I think it'll be considered breach of trust.

This looks more like a case of the employer changing it's mind to have you working there after 12 years than you doing anything that amounts to "misconduct connected with the work." There's a presumption that is a discharge, you get UI unless YOU or the employer say something to disturb that, and you don't have to help which means just let your employer do what they are going to do if anything at all.

 

[cbg]

HR folk here:

You're putting on your track shoes before you even know if there's a race. Do not quit. If you have proved your worth as an employee, that's something in your favor. It is far from certain that you will be fired. The FDIC ruling allows them to take the time since the conviction into consideration; it is by no means a sure thing that an intent-to-distribute conviction falls under the ruling at all. You were honest with them at the time. I can't carve it in stone that you'll keep your job but I damn sure can't carve it in stone that you'll be fired.