• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I quit then they packed my boxes!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ranchero

Junior Member
What is the name of your state (only U.S. law)? Minnesota

I tendered my resignation for one week out. They called that day and said I did not need to return to work (they would pay me) and that they were packing my boxes and I needed to hand in my pass/computer/Secure ID token/corp credit card. I was to pick up my boxes and drop these items the next morning. Although I quit did they not terminate my by these actions? I ask because of the 65% Cobra payments under the Obamacare plan, makes a big difference.
 


Zigner

Senior Member, Non-Attorney
The accepted your resignation immediately. That's you quitting...not them firing you.
 

Ranchero

Junior Member
I quit....

I tendered my resignation on 5/26, I was asking them to sever me because they had eliminated my job, even admitted to it and their intent was to get me to quit. Mission accomplished.:(
 

Zigner

Senior Member, Non-Attorney
I tendered my resignation on 5/26, I was asking them to sever me because they had eliminated my job, even admitted to it and their intent was to get me to quit. Mission accomplished.:(
They eliminated the position - YOU eliminated your job.
 

pattytx

Senior Member
And the COBRA assistance is not part of "Obama-care" (I hate that term), if you mean the health insurance bill. The COBRA provisions of which you speak were under ARRA (American Recovery and Reinvestment Act).
 

commentator

Senior Member
Let's see if I understand. They had eliminated your job. But you were still there, right, still doing something for which you were getting paid? They had not told you that your employment with their company would end, just that your particular job you were doing would end, correct?

Then what in the name of everything posessed you to resign, quit, give notice, whatever?

Didn't you understand that if YOU terminate the employment, it's a voluntariy quit, no unemployment insurance, no COBRA, nothing, because it's your choice. And if you give them notice that you quit in a week, they are perfectly free to say, "No, leave right now!"

But if they walk in and say you are being downsized, laid off, let go, fired, terminated, sacked, whatever the term they use, if it is THEIR decision, then you get unemployment insurance, COBRA, the works. Sometimes even severance pay. You should have researched this one before you did it.

I once saw a man once resign from a plant that was closing down one week before his schedule termination date. The reason? He just couldn't take the strain of working there another week, knowing they were about to treat him this way. No unemployment, no severance, no COBRA, no Trade Adjustment Assistance, nothing, scoot, scat, can you say DUMMMMMBB?
 

cbg

I'm a Northern Girl
Minor correction: you still get COBRA if you quit. COBRA is available to employees who quit, employees who are fired, employees who are laid off, employees whose hours are reduced below the minimum hours for benefits, etc. If the employee is on the company health plan, and if the employer has enough employees to qualify under state or Federal law (twenty employees for Federal - two in the poster's state though it varies by state), then the employee is eligible for COBRA. The SOLE exception is an employee who is fired for gross misconduct. Not just misconduct - gross misconduct.

However, an employee who quits is responsible for the full COBRA premium, which can (and almost always is) equal 102% of the full amount the employer is charged. An employee who is laid off involuntarily through no fault of their own only pays 35% of the cost.
 

commentator

Senior Member
mea culpa. I am getting so used to the new improved version, I sometimes forget there's the old COBRA that nobody could ever afford. But still out there offered when you quit your job too.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top