Wrongfully Terminated in New Mexico?

[Timmer]

My employer recently told me that he is going replace me with someone else. After enduring much frustration with my work environment (verbal abuse and unfounded accusations by my employer and offensive language by other employees), I recently told my employer that I was looking for other employment. I should make it clear that I never resigned or intimated that I would; I simply said I was looking. It was my hope that he would then finally address the situation. Instead, his response was, "If you're gonna look, I'm gonna look, too." He then told me that he would be placing ads for my position and that when he found someone who could replace me, he would then meet with me to ask whether I was still looking for other employment. He said that if I said I had no other applications out, he would keep me. Well, he found someone, called me into his office, and asked for my status. I told him that I had considered everything, pulled all applications, and decided to stay. It was then that he told me he was "going to make a change." When I objected, he told me that I had told him I was leaving, which is untrue.

I then called my local labor department, and the lady there told me to get my official status in writing (for possible unemployment insurance). Again, I did not resign. When I requested my status (laid off or terminated) to be given to me in writing, my employer refused. He keeps insisting that I told him I was leaving.

I realize that this probably isn't wrongful termination, as we have an at-will contract. However, is there any reason that I wouldn't qualify for unemployment insurance? Any help is greatly appreciated.

[LConnell]

Your story reminds me of an employee who used to work for me. She used to threaten to quit from time to time. She was unhappy with her coworkers, she was unhappy with the customers, she was unhappy with the weather, etc. One day, after hearing her say she was going to quit for the 50th time, I said, "Okay, I accept your resignation". She never threatened to quit again.

In any case, you are right. Your employer can terminate you as long as it isn't discriminatory or for another illegal reason. In your case, it sounds like it wasn't an illegal reason. Your manager took the opportunity to accept your resignation. Now that is water under the bridge. The issue appears to be unemployment.

You should file for unemployment as soon as your job ends. If your employer turns it down saying that you resigned, you can file an appeal, saying that you never gave them a resignation. They replaced you before you were ready to go. I'm fairly certain that you would win, if not at the base level then definitely at the appeal level. Let me know if you have any other questions.