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Wrongful termination - they say I resigned when I didn't...

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LeeHarveyBlotto

Senior Member
You said you were quitting. They chose to accept your resignation effective immediately. With or without the letter, that doesn't remotely qualify as wrongful termination.
 


CourtClerk

Senior Member
You said you were quitting. They chose to accept your resignation effective immediately. With or without the letter, that doesn't remotely qualify as wrongful termination.
I agree wholeheartedly. A company is under no legal obligation to let you stay until you're ready to leave. You said you were planning on leaving, they just decided you should leave when it was convenient to them as opposed to when it was convenient to you.

I don't see your unemployment claim going anywhere either. You quit.
 

CraigFL

Member
You forgot the fist rule of Wingwalking --- Never let go of what you have until you have another firm hold on something...
 

stoopid

Junior Member
Are we reading the same material?

Letting an employer know you won't be there indefinitely is hardly quitting. The company is never legally obligated to retain my employment, but they do need to terminate me appropriately under the law. They can't just 'accept' a resignation that wasn't made, I never resigned.
 
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ecmst12

Senior Member
Dear employer, my future with this compaany is decidedly short term, I will be looking for another job and not giving full attention to my duties here. But, I would like to continue to draw a paycheck while I search for something better.

I wonder why they wouldn't want to go for that?
 

CourtClerk

Senior Member
The company is never legally obligated to retain my employment, but they do need to terminate me appropriately under the law.
And what, (in your opinion) is appropriately under the law? Please back up your response with statutes, not just what you think or what you heard should happen...
They can't just 'accept' a resignation that wasn't made, I never resigned.
Your email was titled
"impending letter of resignation":
That means, "guys, I intend to quit just as soon as I find another job." Their response was simply "that's fine, go now instead of leaving us hanging later."
 

LeeHarveyBlotto

Senior Member
Are we reading the same material?

Letting an employer know you won't be there indefinitely is hardly quitting. The company is never legally obligated to retain my employment, but they do need to terminate me appropriately under the law. They can't just 'accept' a resignation that wasn't made, I never resigned.
That's clearly not true, unless you're typing this from work.
 

cbg

I'm a Northern Girl
Okay, just for the sake of argument, let's say you didn't quit. You did, but we'll pretend for a moment that you didn't.

Specifically what law do you think was violated? In what way did they NOT "terminate you appropriately under the law"?
 

stoopid

Junior Member
The crux of the problem is that I did not resign. I agree it wasn't the best situation for me or them, but there wasn't a choice in the matter. The position I was to move to neede dto be filled, I thought declining it now would be better for them :(... obviously they don't care either way.

The legal problem here is that they are claiming I did something that I did not do (resign). This impacts my ability to feed/house myself if I can't get unemployment. This also affords them not having to pay a severance. If I was fired for poor job performance or laid off for lack of work I would be eligible, but because they've chosen this route I have a long road ahead.

One word of advice - I'm a human being with a real problem at the end of this keyboard. Please try to be tactful in your responses. The replies thus far have been rather terse, and part of the problem I'm already having with them is that you cannot seem to see how that letter can be used in my defense. Nowhere does it mention "I am quitting effective today" or my "last day of employment will be". Anything short of that I am still an employee of that company until I say so, or they fire me. If they fire me IT IS NOT THE SAME AS SAYING I RESIGNED. I realize the grey area that can be used, as they have attempted to use it, but the truth is the truth.

Now I may not be able to get a wrongful termination claim with the labor department, but I should be able to get unemployment and eventually a severance (I figure if I get unemployment after the hearing then it sets the stage for receiving the severance since all means of receiving unemployment qualify for severance).
 

LeeHarveyBlotto

Senior Member
One word of advice - I'm a human being with a real problem at the end of this keyboard. Please try to be tactful in your responses. The replies thus far have been rather terse, and part of the problem I'm already having with them is that you cannot seem to see how that letter can be used in my defense.
The real problem you're having is that the responses are not what you want to hear. I do have some degree of sympathy as your intent appeared to be good, just not your judgement. You asked for legal advice, you got legal advice. As always, you are free to retain an attorney, who is going to tell you the same thing you're getting here for free.
 

cyjeff

Senior Member
This is stupidity personified.

I know of no company that, given the circumstance of an employee saying "I am going to start looking for another job and the minute I do I am outta here", wouldn't have cut you loose.

Let me ask you this, if you find a job tomorrow, would you have stayed for an additional 9 months... because that is what your letter said?
 

stoopid

Junior Member
The real problem you're having is that the responses are not what you want to hear. I do have some degree of sympathy as your intent appeared to be good, just not your judgement. You asked for legal advice, you got legal advice. As always, you are free to retain an attorney, who is going to tell you the same thing you're getting here for free.
While that is entirely true, the fact remains that I did not resign and it's clear by that letter I did not resign. Because not a single poster here has acknowledged that makes the 'service' here suspect IMO. ;)

Whether the situation was better for me or the employer is probably what is being responded to. Yes, I would have had the 'upper hand' in being employed while looking for other work, and obviously an employer would prefer to not be in such a situation, but that incovenience to them doesn't grant them license to say/do whatever they want.
 

stoopid

Junior Member
This is stupidity personified.

I know of no company that, given the circumstance of an employee saying "I am going to start looking for another job and the minute I do I am outta here", wouldn't have cut you loose.

Let me ask you this, if you find a job tomorrow, would you have stayed for an additional 9 months... because that is what your letter said?
if you read the letter it clearly states I would have given appropriate notice. That's stupidity personified (posting without reading).
 

CourtClerk

Senior Member
In all of that, I'm still waiting for the answer to:
Specifically what law do you think was violated? In what way did they NOT "terminate you appropriately under the law"?
The crux of the problem is that I did not resign. I agree it wasn't the best situation for me or them, but there wasn't a choice in the matter. The position I was to move to neede dto be filled, I thought declining it now would be better for them :(... obviously they don't care either way.
You just learned that you don't get to decide for their HR department. They would have filled the position now or later. When they did it shouldn't have been your concern.
The legal problem here is that they are claiming I did something that I did not do (resign).
Yes, you did...
This impacts my ability to feed/house myself if I can't get unemployment. This also affords them not having to pay a severance.
They didn't HAVE to pay severance anyway, however, the fact that you sent that email impacted your ability to feed/house yourself. Had you not sent that email, you'd still have a paycheck. You fail to see that.
If I was fired for poor job performance or laid off for lack of work I would be eligible, but because they've chosen this route I have a long road ahead.
No, because YOU chose that route, you have a long road ahead. Again, had you not written that email until you were ready to pack your desk, you would still be employed. You fail to see that.
One word of advice - I'm a human being with a real problem at the end of this keyboard.
I assume that. I've never seen a dog that could type.
Please try to be tactful in your responses. The replied thus far have been rather terse, and part of the problem I'm already having with them is that you cannot seem to see how that letter can be used in my defense.
That's because you have no defense....
Nowhere does it mention "I am quitting effective today" or my "last day of employment will be". Anything short of that I am still an employee of that company until I say so, or they fire me.
Again, please point me in the direction that says a resignation MUST have a date attached to it... Anything short of that and you are still an employee until you say so or they say so. They've said so.
If they fire me IT IS NOT THE SAME AS SAYING I RESIGNED. I realize the grey area that can be used, as they have attempted to use it, but the truth is the truth.
Again, the company is under no obligation to keep you until you are ready to leave. You told them that you would be leaving when you found a job. They decided to let you go early and let you dedicate yourself full time to job searching.
Now I may not be able to get a wrongful termination claim with the labor department, but I should be able to get unemployment and eventually a severance (I figure if I get unemployment after the hearing then it sets the stage for receiving the severance since all means of receiving unemployment qualify for severance).
I don't think you should get anything, but your personal effects out of their building if you haven't done so already.
 
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