Recently, my brother had a situation in Rhode Island I need some advice with. The company he was working for lost one of their contracts, so they were asking for volunteers to be laid off. My brother was considering moving, so he agreed to take the layoff.

During the last scheduled week of his employment, he was training his replacement on his delivery route, and his boos had told him he was going to be laid off after Friday. On Tuesday, he became ill during the day, and contacted the dispatch office, to see if he could go home. The driver he was training said he felt comfortable finishing the pickup route, and the dispatcher told him it was okay. The next day, he was still ill, and called in early.

When he came in on Thursday, he was told he was suspended indefinitely for leaving without permission - apparently, the dispatcher claimed that he went home without permission, but that's neither here nor there. He was told he was being suspended indefinitely, but at no point was he told he was no longer being laid off. So Friday came and went, and he assumed he was laid off, as he had been told he would be.

When he tried to collect unemployment, he was informed that his company claimed that he quit, since he never returned to work on Monday. As far as I can tell, he should have had no reason to assume he *should* have come in on Monday, since he was told he was laid off after Friday. A management member of the company told me on the phone that he was denied his unemplyment claim as punishment for leaving early on Tuesday.

So my question is, should unemployment consider him as having quitm or as being laid off? And does he have any legal recourse against the company? They told him not to come in anymore, and claimed he quit by not coming in anymore. Thanks in advance.

A management member of the company told me on the phone that he was denied his unemplyment claim as punishment for leaving early on Tuesday. (a) That was a jerky thing to do, and (b) employers do NOT decide who receives unemployment and who does not. The State makes that decision.

So my question is, should unemployment consider him as having quitm or as being laid off? Laid off but the State is going to have to make that determination. Your brother should appeal the decision and file for a hearing with the State immediately. It will be very helpful for you to attend as a witness so you can testify as to what the management person said - basically that they misrepresented your brother's situation to the State out of spite.

And does he have any legal recourse against the company? No.