Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

18 yr job taken way

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 18 yr job taken way

    I have worked for a non union company for 18 years. I just came off disability 1 week ago and they promoted another employee to cover for me while on disabilty. since coming back things have been hectic, i came into work this morning and said to one of the managers "I should put in my 2 weeks notice" he in turn told the store manager and 6 hours into my shift they called me to the office and said "your resignation is effective now, leave the premises." I never even wrote it out or said i was really quitting, i had a bad day the day before. where they right to do what they did?

  • #2
    They took your word for it. It would have been nice if they had at least asked if you were serious, but they didn't and legally, they didn't have to. You can try asking for an appointment with Human Resources regarding getting your job back, but it may be a hard lesson to learn. Don't even kid about quitting unless you expect to have it interpreted as a resignation, and an immediate one at that.

    BTW, there are no laws requiring that you submit a resignation in writing or even say the words "I quit".
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      You might file for unemployment

      A question exists as to whether you resigned or were fired. If you resigned, no unemployment. If fired, generally yes unemployment. What you said, to me, does not establish a resignation. There must be a clearly stated intent to quit, not a possible quit or a future may quit, but a present tense I'm quitting/going to quit in two weeks. It doesn't have to be in writing, and doesn't have to be two weeks' notice (or any notice). Thus, they may have reasonably interpreted it as a quit, or it may be an unreasonable interpretation. In which case you were fired. So, put in a claim for unemployment. The co. will likely challenge and there will be a hearing in unemployment on this issue. If you succeed, you'll get unemployment benefits. If not, nothing. But, you won't get your job back either way unless the company wants to voluntarily give it back to you.

      curt j.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X