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Firing vs Quiting

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A

Ankeny406

Guest
IOWA - Former employer claims employee quit, employee position terminated. Employee worked for a clinic which was sold. New owner couldn't afford employee, thus did not extend employment offer. Employee had phone conversation with current/soon-to-be former employer which resulted in upset employee who left office for remainder of day (2 hours). NOTE: employee is salaried. Employee contacted HR of employer to verify taking off remainder of working days (1.5 weeks) to search for new employement as per employee handbook. Employee he/she could do so.CURRENT: employee, now unemployed, files for unemployment benefits. Unemployement office schedules meeting with employee and former employer due to the claim of former employer that employee quit.

What legal ramifications does employee have?
 


L

loku

Guest
If the 1.5 weeks was the extent of the time remaining in the term of employment because the employer told the employee that the employee was terminated at that time, then you certainly did not quit—you were laid off. Asking HR for permission to take off the remainder of the work days to search for a new position, particularly if the handbook allows that, is not quitting. Therefore, if you can prove the facts you give, you should prevail at the hearing. I doubt that leaving the office for 2 hours would be considered quitting, particularly since you contacted HR later.
 

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