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Question about resignation and unemployment Nebraska

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  • Question about resignation and unemployment Nebraska

    I have a question. I am in Nebraska BTW.
    A few weeks ago on my job, I had an anxiety attack, I take medication for anxiety and usually have it under control. My manager was intimidating me and giving me a very hard time, I had a rare attack. I ended up leaving her a note that said this is not working out and left. Several hours later I emailed her apologizing for what I did and stated I had an anxiety attack and stated the note should have read I was going home sick and had no intention of resigning and asking if I could come back to the job. She emailed me back and said she took it to the Human Recourse dept and they took the note as a resignation. I then emailed Human Recources explaining the situation above and that I did not intend to resign, they responded telling me basicly not to bother comming back.
    Had never done this before in my 20+ work history. I then filed for unemployment and was denied because they said I resigned. I also explained the situation to them and have appealed it. So bottom line, does anyone have any advise on what to do on my appeal or do I even have a chance.
    Any advice would be great.
    Also If I am on the wrong section of this board, could someone please steer me the right way

  • #2
    Unfortunately the matter of your job is going to be between you and your employer. The law allows them to consider this a resignation and does not obligate your employer to allow you to rescind it.

    I'll have to let someone more familiar with the unemployment board in your state deal with the question of your appeal. rjc, are you out there?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Honestly, if an employee gave me a note saying that the job "wasn't working out" and left the building, I would assume it was a resignation as well.

      I would expect an uphill battle in the appeal.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


      • #4
        Originally posted by cyjeff View Post
        Honestly, if an employee gave me a note saying that the job "wasn't working out" and left the building, I would assume it was a resignation as well.

        I would expect an uphill battle in the appeal.
        Yep, me too.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          Yep - me three. If you wrote out a note saying more or less your job wasn't working out & then just up & left, what could you boss assume except that you quit?
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


          • #6
            I will offer a slightly more optimistic view of your chances, but again only slightly more.

            Many states, although I am unaware of specific NE case law, will deem your circumstances as an involuntary separation. The argument, and rational, is that you took immediate steps to rescind your so-called resignation and your request was rejected. Therefore, it is the ER's action, ie, not acception your rescission, that caused the separation, thereby rendering the separation involuntary and a discharge.

            Moreover, you can argue no intent. Your not is arguably ambiguous at first glance, but the fact that you took immediate action to explain it further bolsters your argument that it was not a letter of resignation.

            Finally, I would prevent substantial and credible evidence of your condition. Such evidence will further explain the circumstances that surrounded your actions and assist your argument that you never intended to quit.

            It may be in your best interest to retain legal counsel ...


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