Was I Fired, Or Did I Quit?

[JOliver]

What is the name of your state? Good Ol' Michigan

This is my peculiar problem I face. I have been fighting with my old employer regarding this matter for the sixth week now.

The last week of January I notified my employer that I was considering taking a position at a different company. At that time, I was asked that if I was resigning from my position that I had to submit a letter of resignation stating that I was leaving and on the specific day.

On January 28, 2007 I was involved in a motor vehicle accident in the early house. I have a police report stating that my vehicle is/was heavily damaged and not drive able in its condition at the time.

January 28 Afternoon I notified my boss that I was in a MVA (Motor Vehicle Accident) and that I would not be able to make it to work on Monday for my close shift. We spoke several times during the day to make sure I was ok, etc. I have this on record via a cell phone bill.

January 30 I place a call to my area manager on the morning of the 30th to insure he received I would not make it to work on the previous day (Monday.) At that time, I was told over the phone that my job position had been covered and that I was to not report to work to cover my shifts. In essence, I had been fired.

Fast forward to filing for unemployment.

I received a notice from unemployment that I had been denied benefits the reasoning stating: "You voluntarily quit your job with (employer) on 2/10/2007 to accept new employment. However, the work did not materialize. This is not considered good cause attributable to the employer. The leaving to accept other work provisions do not apply."

Now, going back to up top, I never did submit a letter of resignation, as I never told them of a date I was leaving, nor that I had taken the new position.

I am currently in the appeal mode, and have written back and stated that I did NOT submit a letter of resignation stating I would leave the company at anytime.

In your opinion. Did I quit, or was I fired?

Thanks.

 

[fairisfair]

had you done even minimal research you would have found that this question was asked and answered, within the last week.

In my personal opinion, it doesn't matter. You no longer work there. If you are asking whether or not you will be found eligible for Unemployment Benefits, well, that is up to them and no one here can answer that question.

And in my opinion, you quit, you gave your employer verbal notice that you had another job and were asked to submit that resignation in writing, the fact that you did not submit it in writing does not change the fact that you made the employer aware of it.

 

[JOliver]

had you done even minimal research you would have found that this question was asked and answered, within the last week.

In my personal opinion, it doesn't matter. You no longer work there. If you are asking whether or not you will be found eligible for Unemployment Benefits, well, that is up to them and no one here can answer that question.

And in my opinion, you quit, you gave your employer verbal notice that you had another job and were asked to submit that resignation in writing, the fact that you did not submit it in writing does not change the fact that you made the employer aware of it.

I did research, the question previously asked stated a letter of resignation was tendered. In a court of law, verbal agreements do not hold much water. Because I verbally told an employer I was CONSIDERING a different job should not mean much. I also told the employer that I would know for sure before Feb. 4th what I was doing so they could find somebody to replace me well before I would have left.

This previously happened at a different company and I was approved for benefits. I, again told the company I was considering a change so they would not be caught off guard. Shortly there after they told me I was a goner. That incident I was approved.

 

[fairisfair]

I did research, the question previously asked stated a letter of resignation was tendered. In a court of law, verbal agreements do not hold much water. Because I verbally told an employer I was CONSIDERING a different job should not mean much. I also told the employer that I would know for sure before Feb. 4th what I was doing so they could find somebody to replace me well before I would have left.

This previously happened at a different company and I was approved for benefits. I, again told the company I was considering a change so they would not be caught off guard. Shortly there after they told me I was a goner. That incident I was approved.

Sans any type of employment contract, you are an employee at will, and they don't need a reason to replace you. The fact that you did not show up for work would be reason enough, the fact that you were actively seeking employment while you were employed by them, the fact that you have on a blue shirt. or no reason at all.

Every case with unemployment is based on its own credentials, and every caseworker, may find differently, good luck.