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Resigned then terminated?

Discussion in 'Termination: Firing & Resignation' started by AJR1234, Jan 16, 2020 at 11:48 AM.

  1. AJR1234

    AJR1234 Law Topic Starter New Member

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    Jurisdiction:
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    I checked several pages of the threads and did not find this issue, but please politely redirect me if a relevant thread exists.

    I resigned from my position at a non-profit. My work record is impeccable and my character unimpeachable (at least as far as my employment is concerned). Two days after submitting my letter of resignation, with a final date the last day of the month, I was summarily dismissed and asked to empty my desk and leave the premises.

    I asked if I was being fired and was specifically told no. I asked if I could work out the remainder of my term in accordance with my resignation letter and was told by HR that my employer had no legal obligation to honor that date. But again, I wasn't being fired.

    Can I collect unemployment?

    Additionally, the reason for my resignation was actually because I was promised a promotion and a raise. While I took on numerous and extensive duties integral to the function of the organization, I was not given a raise, nor could I get the CFO and HR in the same room together to even tell me when we could discuss the specifics of the raise. I was repeatedly told to "just be patient" and was told that -- while implicitly my duties were a priority -- my salary was not a priority for the organization.

    Is that "good cause" to resign?
     
  2. hrforme

    hrforme Active Member

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    you don't need "good cause" to resign....your state is not mine, but often there is a 7 day waiting period in most states and then some states allow the employer to accept the resignation early and as long as it is reasonable (within the 2 week timeframe), it is still seen as a resignation.
     
  3. AJR1234

    AJR1234 Law Topic Starter New Member

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    Right. I should be clear that I'm less concerned with the reasons for my original resignation. My real concern is that, in response to submission of my resignation, they "dismissed" me two days later. I had planned on working until the end of the month (another two weeks), they had absolutely no reason to fear reprisal (from my perspective), and it seems they "dismissed" me out of spite. I'd call that "fired," and I'd say I'm entitled to unemployment. That's my concern. I guess I can go file, they'll contest it, and we'll see where the chips fall, but I'd like to educate myself as much as possible on the issue.
     
  4. Zigner

    Zigner Well-Known Member

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    You resigned - they accepted your resignation immediately. The BEST you could hope for is 12 days of eligibility.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    I'd be curious to know what the person who told you that you weren't being fired thinks "fired" means.

    I assume you're talking about the period between when you were "summarily dismissed" and the last day of the month.

    I don't know anything specific about Michigan law on this issue, but I think it's unlikely that you'll receive anything for such a short period of time, but you're obviously free to apply, and I doubt it will cost you anything other than time to do so.

    I don't really know what you mean by this. You don't need "good cause" to resign. If you're thinking that your former employer heaping additional duties on you without a raise is going to allow you to collect unemployment for any period after the date when you made your resignation effective, that's not going to happen.
     
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  6. army judge

    army judge Super Moderator

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    At the time you heard the response noted above, it was correct.

    The issue of whether you (or anyone for that matter) is able to collect unemployment insurance is up to state agency that oversees the program.

    However, in this red hot economic climate in which everyone should be thriving, a person with skills and education isn't likely to be unemployed for a week.


    If you thought it was cause to resign, the decision was yours alone to make.

    Let us know next week after you've landed a great job that pays you 40% MORE than the one you just left.
     
  7. hrforme

    hrforme Active Member

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    Many many employers dismiss early due to fears of sabotage, stealing client lists, etc. And honestly most employees once they know they are leaving drop majorly in any real performance. And can cause drama and unneeded talk at work. Sometimes it's just better for them to be gone.
     
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  8. adjusterjack

    adjusterjack Super Moderator

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    You probably are. If you filed today, you'll have a one week waiting period and then maybe a week's benefit until the effective date of your resignation. But that's all you'd be entitled to.
     
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  9. flyingron

    flyingron Active Member

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    Of course, it's counterproductive, because people who work for such companies know not to indicate their resignation until the last day they chose to work.
     
  10. hrforme

    hrforme Active Member

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    i dont' disagree and we allow our employees to work out their notice....Sometimes I wish we could accept it and pay them the time and let them go, but our grants/contracts (nonprofit) don't allow to pay if they aren't physically "working". In the end, our employees give notice but do next to nothing during their notice. Had one walking around all dramatically yesterday "saying goodbye" very loudly to those "that she liked".
     
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  11. army judge

    army judge Super Moderator

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    Resignations with notice worked up until the middle of the 20th century, alas, that was when certain changes occurred that initiated the downfall of a once great planet.

    If someone wishes to quit or resign, we accept their departure when they announce they wish to leave.

    I don't carry dead weight.

    If an employee desires a paycheck, he or she must produce.
     
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  12. flyingron

    flyingron Active Member

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    I've several times given notice to employers and never went FIGMO on them. In one instance I gave them almost 90 days notice I wasn't going to remain with the company but they figured 90 days (it ended up being 120 actually) work from me on the project was better than cutting me loose immediately.
     
  13. adjusterjack

    adjusterjack Super Moderator

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    Yes, it's counterproductive. When I retired I gave a month's notice anticipating that, without getting any new claims, I could get most of my open claims closed by the end of the month. Alas, the company policy was to escort the departing employee as soon as notice was given. The claims had to be divided between other adjusters, adding to their workload and probably annoying many of our customers.

    I did, however, get paid through the end of the month and got an early start on enjoying my retirement.

    (FIGMO - I like that. Pretty much describes my last week in the Army.)
     
  14. cbg

    cbg Super Moderator

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    It's situation-specific, guys. I want my research and development staff working out their notice till the very last minute, transitioning their work over to the remaining folk. I may or may not want my salesman still on the job; if he's going to a competitor, how can I be sure whose products he's promoting during that transition time? (I will, however, pay out his notice; I've never yet worked for a company who wouldn't take my recommendation of a paid notice and I've never ever failed to recommend that if we're accepting the notice early.) I also have the experience of having to come in and clean up after someone who, in a fifteen minute period, did several thousand dollars worth of damage to equipment, deleted key files, and altered the travel arrangements of several upper level execs. There are people you don't want around when you know they're leaving; there are people that you do.
     
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  15. hrforme

    hrforme Active Member

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    The HRM that I replaced seem to have deleted many many files (Or never created them) in her last two weeks. Or she had a very strange filing system....in almost 2 years we've never found them.....
     
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