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Fired before quitting?

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missdiana

Guest
What is the name of your state?What is the name of your state? Michigan
I was planning on quitting a job. Company policy was that vacation pay was issued on your yearly anniversary date. That was still a couple of weeks away. The company was in the middle of laying off a large percentage of the workforce. I asked my supervisor if I was on the lay off list. He said "No, you are one of our star employees." So I decided to ask the personnel office when I should pick as my ending date. Whether it could be on that day or if they would want me to finish out the week of my anniversary date. Then I was prepared to finish my resignation letter and print it after I had a confirmed date in mind.

So I was planning on working another 2 1/2 to 3 weeks. When the personnel department heard about this I was paged to the office. The head of the department and personnel were already seated. She said "We heard that you want to quit. Is that right?" I said "yes". Then she proceeded to say that since work was slow they wouldn't accept any notice and that I should leave the building by lunchtime that day. There was no written letter of resignation signed. The only paper I signed was that I wouldn't take any proprietary information with me.

I felt that this was wrong to terminate my employment without a written resignation accepted. It appeared that they didn't want to pay my vacation pay. I filed for unemployment. They are protesting. What is legally required to prove that I quit vs. was fired?
 


They can accept your resignation immediately if they choose. And frankly, seeing as how they were laying people off, their claim that "business is slow" was probably valid - and a good reason to immediately accept your resignation. I probably would have under those conditions, too. They probably didn't even pay attention to your anniversary date/vacation payout date. They saw an opportunity to make their financial position better and they took it. They were not under any obligation to keep you until your anniversary date just so you'll get your vacation pay, and again, if they are in dire financial straits, letting you go now works out better for them. They don't have to do what's best for you! You're leaving the company...you've decided your loyalty doesn't lie with them, why do you expect they will have loyalty to you?

Resignations don't have to be in writing, so accepting one that isn't in writing is perfectly legal. They could also refuse to allow you to rescind a resignation, even if it was given in writing. The fact that you did not resign in writing is irrelevant.

As for the unemployment appeal - why are they appealing? I would think in most cases quitting a job will get you disqualified from receiving UI benefits. Your best bet is to let the UI office know you resigned, were asked to leave immediately, and that the company has financial difficulties, which have led to the lay-off/termination of many others and you left because you feared you would soon be laid off. Hopefully, you will be able to say you left to take another position, but your post isn't clear about your reasons for leaving. If you quit just to sit around watching Judge Judy, you're gonna have much harder time convincing unemployment your resignation was for a good reason.
 

Beth3

Senior Member
I felt that this was wrong to terminate my employment without a written resignation accepted. A written resignation is not required.

It appeared that they didn't want to pay my vacation pay. Maybe. Or maybe they wanted to avoid involuntarily laying someone else off and your vacating your position sooner made that possible.

I filed for unemployment. They are protesting. What is legally required to prove that I quit vs. was fired? You DID quit. The only issue is whether you are entitled to unemployment benefits during the period between their accepting your resignation immediately and the date you intended to leave. I don't know what MI UC reg's dictate about that. Each State varies.
 

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