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

[LeeHarveyBlotto]

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.

You've been given accurate legal advice. It's obvious that nothing I would say will make you believe that I'm not missing some nugget that somehow makes my opinion incorrect (in spite of 30+ years in the field), so I won't bother trying. Good luck with your job hunt.

 

[cyjeff]

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.

They did care. They just didn't like your answer.

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.

Sparky...

You resigned by any measure you wish to attach to it. You said you were going to look FOR ANOTHER JOB. Why, by all that is holy, would a company allow an employee that may end up working for a competitor stay?

For all they know, you would spend the nice several months copying files important to your future employer.

You are an IT professional. You know better.

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.

Tact isn't my thing.

You don't seem to get this. The moment you tell an employer that you are looking for other employment, you have, effectively, quit your position. Because it is inappropriate to allow an employee to have access to company protected files while talking to competitors.

You quit. YOU said that you were going to look for another job. YOU said that the search happens immediately.

Next time, can the arrogant "You need me more than I need you" crap and do what everyone else does.... secretly interview and give notice when another job is in hand.

And yes, they could have fired you if they found out about your secret interview as well.

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).

You cannot even see wrongful termination from where you are.

You get nothing. You quit.

Just because you don't want it to be so means nothing. No matter how hard you stomp your foot.

Lastly, I would like you to quote me the statutes that mention ANYTHING about severance...."all means of receiving unemployment qualify for severance" isn't even English much less law.

Face it... you screwed yourself.

 

[stoopid]

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.

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.

There are no rules governing a resignation. And this was not a resignation letter. "Impending" resignation simply means that someday, I will be leaving. I will be making my claims based on this as it is/was the truth. The matter is not as cut and dry as the few here have posted. But I thank you for your opinion(s)...

FWIW, law is up to interpretation. This entire forum is based on that fact. I'm sure if the culture in this thread was more open there would be some members who may see the legal wiggle room in this discussion. Sadly the atmosphere is now very uninviting and it's already run its course. I'll try not to take it personal, but some of the responses here are pathetically immature (not the one quoted, they're easy to pick out).

 

[cbg]

I'm still waiting for you to tell us what law the employer violated.

If no law was violated, there was no wrongful termination.

 

[stoopid]

I'm still waiting for you to tell us what law the employer violated.

If no law was violated, there was no wrongful termination.

When I pass the bar I'll let you know. Only about 6 more years of college to go.

But seriously, I already posted I may not have a course through the labor department to pursue. If it matters, I would remove the wronful termination from the thread title but I won't be discussing the matter here anymore. I'm already seeking out other legal advice.

 

[cyjeff]

Damn... I think I would have fired you for your stubborn attitude.

If you think you have a case, take it to an attorney.

All the people here have law degrees and/or YEARS in this field... .including myself.

I know of no company that I have ever worked for, consulted for or worked with that wouldn't have accepted your resignation immediately.

There is no "wiggle room". You work in an at-will environment. There is no law that will force them to rehire you so that you can look for other work. There is no law that will force them to pay you for not working for them.

None. Not even a little.

 

[ecmst12]

You can apply for unemployment. There is a small chance you will get it. But under no circumstances are they required to offer you severence. This is true regardless of the reasons or circumstances behind your termination.

Stating 'I plan to resign soon' is the same as saying 'I am resigning' and the company can legally refuse to allow you to work out your notice period, whether that is 6 months or 2 weeks. This is why it is considered unwise to give more notice then necessary when leaving a job. Employees with one foot out the door are historically bad employees. If you give 2 weeks, MOST of the time your employer will put up with 2 weeks of a bad employee because that is convention. But 6-9 months? forget it. The letter was a bad idea.