Quitting a Job or Being Fired?

[wendyeaton]

I live in California.
I gave notice on 7/20 that my last day at my job would be 8/6. I have a feeling that my employer is going to actually going to let me go tomorrow. If this is the case, technically would this be considered as her firing me and/or is she responsible to pay me my wages through 8/6. I am curious because I was counting on those 3 weeks of wages and if I will not get them would I be eligible to collect unemployment.

 

[cbg]

"If this is the case, technically would this be considered as her firing me "

No.

" is she responsible to pay me my wages through 8/6"

No.

"would I be eligible to collect unemployment"

Possibly, for the three weeks only. Many states do permit that and while I don't know for certain that CA is one of them, it would not surprise me in the least since CA tends to be employee-friendly.

 

[cbg]

Wendy, I'm sorry but I just have to ask this. I'll explain why in a minute.

Is Eaton your maiden name or your married name? Where did you grow up? Approximately how old are you?

 

[divgradcurl]

Possibly, for the three weeks only. Many states do permit that and while I don't know for certain that CA is one of them, it would not surprise me in the least since CA tends to be employee-friendly.

Actually cbg, California is potentially even friendlier than that. If an employee resigns, and the employer terminates the employee before the day the employee intended to leave the job:

-- if the employer pays the employee for all days up to the last day she intended to work (whether or not the employee actually worked, or was asked to leave prior to that day), then CA will treat this as an employee "quit" and therefore the employee would not be eligible for unemployment.

-- however, if the employer asks the employee to leave prior to the last day she intended to work and only pays her for days actually worked, the employer will generally be treated as the "moving party" and this will be considered a termination, and therefore the employee would be generally eligible for unemployment -- not just for the 3 weeks either.

See California Code of Regulations, Title 22 section 1256-1(d)

Of course, the key word there is "generally" -- there may be specific instances where the department will rule against the former employee and deny unemployment, even if the employer tosses the employee out before her planned last day of work.

Moral of the story -- if you are asked to leave prior to your planned last day of work, unless your boss pays you for those "lost" days anyway, go ahead and apply for unemployment -- you may very well be eligible for unemployment.

 

[cbg]

Only in CA. No wonder they're having budget problems.

 

[divgradcurl]

Just for chuckles, here are the actual code sections:

"(d) Moving Party. Whether an individual leaves work voluntarily or involuntarily depends upon which party initiated a termination or suspension of the employment. The employer who refuses to permit an able and willing employee to continue working or the employer who is unable to provide continuing work is the moving party and the employee is involuntarily unemployed due to a discharge or layoff. Therefore, a voluntary leaving occurs only when work is available and the employee leaves work of his or her own free will."

and here is the relevant subsection under that subsection:

"(4) The employee leaves work prior to the effective date of a discharge and is not paid beyond the last day actually worked. However, if the employee leaves work on the effective date of discharge but prior to the end of the normal workday, there is a discharge rather than a voluntary leaving, even if the employee is paid for that day's work. The employer would also become the moving party if the employer terminates the employee's employment prior to the effective date of the employee's resignation and does not pay the employee any wages beyond the date of the termination."

Ahh, life in crazy, employee-friendly California!

 

[cbg]

BTW: The reason I am asking Wendy these personal questions is that many years ago I had a very close friend by that name whom I lost touch with under some very unusual and painful circumstances. While the chance that the Wendy Eaton posting is the same Wendy Eaton I knew are extremely slim, I would never be able to forgive myself if I didn't at least ask.