My manager says I quit. What can I do?

[Texas_Girl928]

Texas.

Okay so today was payday at work and when my coworker went into work to get her check, the assistant manager told her that the general manager wasn't there and was holding her check, and my check, because she wanted to talk to us. So we weren't able to get our checks till we went back later. The night before she had called us and she spoke to my coworker and told her that if things were slow that one of us could go home. I specifically asked my coworker if she said one of us CAN go home or one us HAD to go home. She said CAN. So we both decided to stay. The other reason she wanted to talk to us was because we gave a guest (hotel) permission to park in a grass area because the lot was being repaved. The next day the owner of the hotel gave him a 24 hour notice but one of the workers called a towing company and had it towed. So my GM said that we had to pay them back for that. I didn't agree with either of those things so I didn't sign the write up. For one, I wasn't disobeying a direct order because she didn't say anything to me about going home early, and she told my coworker "can". That to me implies that we have a choice. Also, they had given that man 24 hours to move his truck. Another worker gave the towing company permission to take it even though he himself had put the notice on the vehicle. So I didn't sign it and she told me to clock out and go home. I thought I was being fired so I gave her my name tag and told her I'd turn my shirt in when I could. When I talked to my assistant manager she said that being sent home didn't necessarily mean I was fired. So I called the GM and asked her if I was let go or if I was expected to be at work tomorrow. She told me that I quit. I told her I never said I quit. She said that by turning in my name tag, I quit. I explained that I thought she had fired me, but she got upset, said "I'm not doing this with you," and she hung up on me. Can I file for unemployment? Is there anything else I can do? I honestly don't want to go back to that job because I know she's trying to make me quit. And if I do go back, she'll probably find any little reason to get me in trouble. I would like to get a new job, but I just feel like she was wrong. And I feel like I won't be able to easily find a new job if I can't use this job as a reference now.

 

[Nellibelle]

Texas.

Okay so today was payday at work and when my coworker went into work to get her check, the assistant manager told her that the general manager wasn't there and was holding her check, and my check, because she wanted to talk to us. So we weren't able to get our checks till we went back later. The night before she had called us and she spoke to my coworker and told her that if things were slow that one of us could go home. I specifically asked my coworker if she said one of us CAN go home or one us HAD to go home. She said CAN. So we both decided to stay. The other reason she wanted to talk to us was because we gave a guest (hotel) permission to park in a grass area because the lot was being repaved. The next day the owner of the hotel gave him a 24 hour notice but one of the workers called a towing company and had it towed. So my GM said that we had to pay them back for that. I didn't agree with either of those things so I didn't sign the write up. For one, I wasn't disobeying a direct order because she didn't say anything to me about going home early, and she told my coworker "can". That to me implies that we have a choice. Also, they had given that man 24 hours to move his truck. Another worker gave the towing company permission to take it even though he himself had put the notice on the vehicle. So I didn't sign it and she told me to clock out and go home. I thought I was being fired so I gave her my name tag and told her I'd turn my shirt in when I could. When I talked to my assistant manager she said that being sent home didn't necessarily mean I was fired. So I called the GM and asked her if I was let go or if I was expected to be at work tomorrow. She told me that I quit. I told her I never said I quit. She said that by turning in my name tag, I quit. I explained that I thought she had fired me, but she got upset, said "I'm not doing this with you," and she hung up on me. Can I file for unemployment? Is there anything else I can do? I honestly don't want to go back to that job because I know she's trying to make me quit. And if I do go back, she'll probably find any little reason to get me in trouble. I would like to get a new job, but I just feel like she was wrong. And I feel like I won't be able to easily find a new job if I can't use this job as a reference now.

It seems like you missed the boat on two occassions! First, when the boss says that one of you CAN go home, (s)he means one of you should go home. Second, when the boss tells you to punch out and go home, it doesn't mean you are fired. If fired, I'm sure the boss would ALSO tell you to turn in your name tag. On both counts you grossly misinterpreted the boss. Perhaps you may be able to get Unemployment benefits if you can convince them that you thought you were fired.

 

[commentator]

By all means, you need to file for unemployment benefits. And do not let someone else except the unemployment system tell you anything about whether or not you are going to be approved/did the right thing, etc. You need to file a claim for benefits, right away, with no further contact with your employer, and while doing it stress that IT WAS NOT YOUR INTENT TO QUIT THE JOB!

The reason they are being so catsy patsy about whether you quit or not is that if you quit the job, you are not likely to be approved for unemployment benefits. You would have to prove you had a valid job related reason to quit, and that you had done everything you could to resolve the situation before leaving. It is considered your choice, and you had the power to decide to stay or go.

But if the employer fires you, or send you home through no fault of your own, without your choice, then they have the burden of proof in unemployment. To keep you from drawing benefits (which ultimately costs the company money) they have to show that they had a valid, misconduct reason to terminate you.
If it is not something considered gross misconduct (like stealing or punching out the boss) they have to show that you were given warnings and told what you did wrong, and given an opportunity to change your behavior before they actually fire you.

The reason this particular situation is going to seem fishy to a good claims taker in unemployment is that they didn't have enough work for two employees, thus tried to tell one of you to just go home. In other words, go home, don't work, and don't get paid for it. Neither of you wanted to do that, that's pretty easy to understand.

Since the manager was not specific, and did not have the gumption to say, "Mary Smith, YOU go home today, we don't have enough work for two people!" then to write either of you up for refusing a direct order to go home was very weak. It wasn't a direct order to either of you. I agree, you had no reason to agree to sign the write up.

The second issue, the one about the parking area, sounds like something she pulled out of the air, knowing you'd get steamed about it, hoping you'd just jump up and say "I won't pay, I'll quit!" But you didn't, which was good, you simply refused to pay, refused to sign, and left the ball in her court. Good move.

Being told to "clock out and go home" after refusing to sign this bogus write up sounds like something that could be interpreted as being fired. You had been told to leave the premises. She was deliberately obscure, did NOT say what your status was. Once again, she was trying to be clever, trying to be able to say "She quit!" when you didn't.

And you did the most reasonable thing. You called your manager to follow up, and when you were told you might NOT be fired, you called the GM to clarify the situation. Stress when you file your unemployment claim that you were willing to come back to work, that you did not want to be out of a job, you did not want to be fired, and that you called to verify that. (So that you could come to work if you weren't fired).

You were told you thought you were fired. You told her, very plainly that you did not quit the job. She was the one who insisted that you quit the job.

You do not have the option to go back to work, as I see it. If you really want to, try to report for your next shift. Let them say, "But you're not supposed to be here!" and refuse to let you work.

If they do let you come to work, though I don't see how you could, since your keys are already turned in, you're right, they'll just keep on with this. Right now, as it stands, you have a fair chance to file for unemployment benefits and be approved. What they have done to you is called "forcing a quit." It appears they wanted to get rid of one employee, simply because they did not have enough work for two. So they goaded you into quitting, but you did not take the bait and storm out in the huff as they expected you to. So they're really in a tight situation. You have not quit, but you are fired.

Their upper level management probably encourages them to get people to quit in these circumstances. As I said, if you are approved for benefits, it costs the employer, as their tax rate for unemployment taxes are raised. But you are out of work through no fault of your own, and as such, you have, as I said, a fair chance to be approved for benefits. It may take a couple of appeals, may be denied initially when the company says you quit, but then you will appeal and ask for a hearing, and the subject will be explored more fully.

Meantime, be looking for a better job. Tell your next prospective employees that your company did not have enough work for you and send you home. But you are not required to say "I was fired" you are fully entitled to put it in the best possible light you can. And what they tell to your next employer is probably going to be the dates you worked there, confirmed or denied. They usually don't go into great detail enough to hurt your chance to get another job. And quitting a job certainly does NOT sound better than being terminated (and then filing for and approved for unemployment benefits.) Employers know that you don't get those unless the reason you were terminated was not your fault.

Just touch on your former employment lightly, mention the number of months, years, whatever that you worked, there, and the valuable experience you acquired while working there.

There is nothing else you can do, there is no other recourse, particularly in Texas for being terminated/fired/"got quit" and having the employer lie about it or try to force you out unfairly. They just about all do it. It affects their pocketbook, so it's business. In an "at will" state, they can fire you at any time without any good reason. But do file for unemployment, do it now. There is no downside, even if you were denied, it costs nothing and is not unpleasant. Then after filing, you begin to seek other employment as quickly as you can, and move on from this bad experience.