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Was it termination?

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Lorralei

Junior Member
What is the name of your state? NJ

I have had issues with direct supervisor since last April that have progressively escalated as time has gone on. At his "recommendation" I sought the advice of the "employee relations specialist" in the HR department. Six days after that appointment my boss had a meeting with me and 15 minutes prior to this meetine presented me with a document that had a subject line of "Job Performance". I use the term document as I am still unable to classify exactly what it was (my interpretation is that is was retalitory in nature as it's date was one day after the appt in HR) and when I specifically asked I was never responded to. After receiving that document I felt that it was only a matter of time until he terminated me. I made a concerted effort to find new employment at that point.

I was offered a new job on Jan 20 and I tendered my 3 week resignation on Jan 21. I completed the first week of notice period and was making every effort to complete as many tasks I was involved in and transistion the remainder. On Feb 1 at lunchtime, my boss appeared in my doorway and told me to log out of my computer, that I was done. He stood over me while I packed up my belongings and escorted me out of the building. Once out of the building he commented that things I had said had gotten back to him, just a continuation of a theme I've heard before, but have never been able to have him provide exact statements or the sources. He also made it a point to say that my paperwork in HR would state that I WAS NOT eligible for rehire.

Now, with all the history, here are the questions:

1) Was that effectively a termination?
2) If so, and if the company has a policy of paying exempt employees (I was an exempt) severence packages, would I qualify?
3) Would I have a just cause case as I was seeking and accepting employment elsewhere because the environment had become unbearable and I could no longer work there?
4) Is there anything that I may have missed or that I may need to be aware of? Or better yet, wary of?

Thank you in advance.
 


Beth3

Senior Member
1) Was that effectively a termination? That's a question of semantics. From the employer's viewpoint, I expect they would say they decided to accept your resignation early.

2) If so, and if the company has a policy of paying exempt employees (I was an exempt) severence packages, would I qualify? I can't imagine any circumstances under which the employer would be willing to pay you severance.

3) Would I have a just cause case as I was seeking and accepting employment elsewhere because the environment had become unbearable and I could no longer work there? There's no such thing as a "just cause" case. Your employer isn't required to have "cause" to show you the door.

4) Is there anything that I may have missed or that I may need to be aware of? Or better yet, wary of? You may qualify for unemployment benefits between the time the asked you to leave and the date you otherwise would have left but that is all.
 

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