Forced to quit

[alicelight7]

This does not matter anymore. I am leaving the forum.
Trying to find out how to delete this branch.

 

[cbg]

No protected rights were violated.

You can file for unemployment.

 

[alicelight7]

No protected rights were violated.

You can file for unemployment.

This does not matter anymore. I am leaving the forum.
Trying to find out how to delete this branch.

 

[cbg]

You can always file for unemployment. Just because your employer categorizes it as a resignation doesn't mean the state will agree.

Besides, what's the downside to filing? There's no penalty for being wrong and it doesn't cost anything. The worst that can happen is that they agree with your employer that you resigned and turn you down, and in that case, you're no worse off than if you never filed in the first place.

 

[commentator]

Okay, you did not resign. You were FORCED to resign, whether you signed a paper to that effect or not. File the claim, there is absolutely no downside to doing so. Tell the system exactly what the situation was. You were falsely accused, you were brought in and interrogated, you were talked into signing papers which indicated that you had resigned. But if it had been left up to you, you'd still be working, right? You are out of work through no fault of your own. You were, in essence, strongly encouraged to sign the papers saying your resigned. That is called "forcing a quit" and what they did was try to keep it to where you cannot get unemployment benefits, because that costs the company money. But they do not get to say whether you get them or not. If they were allowed to do that, no one would ever get unemployment benefits. So the system will take what you say and what they say and decide if you voluntarily quit your job without a good work related reason, or if they told them not to come back and got you to say you quit while they were doing it. File the claim.

 

[alicelight7]

Thanks again for your reply.

 

[alicelight7]

This does not matter anymore. I am leaving the forum.
Trying to find out how to delete this branch.

 

[commentator]

I am not an attorney. I have worked in the unemployment system for many years. All I can tell you is that since you "prefer to say you quit," there is no upside, including no unemployment benefits. It does not "look better on your resume" or anything like that. Quitting is never a more positive thing than being fired in an unemployment situation, and unemployment benefits are your only recourse because quit or fired, you are not put out of work for an illegal reason.

So it doesn't make one iota of difference what you signed or said or agreed to or how you were treated. You don't need a lawyer to "get it disputed." You have been accused rightly or wrongly and and now you are no longer employed. The company can fire you at will, whether it is a fair or just or true reason or not. You can quit at will, which you have elected to do for some reason. You have no case, no appeal and nothing to do but sign up for unemployment and go find another job.

 

[alicelight7]

commentator,
Thanks for your opinion.

 

[cbg]

Okay.

Under company policy, you are considered to have resigned. You, yourself, consider that you have resigned because you signed a paper which you did not read carefully.

You believe we do not understand the situation because you have been encouraged to apply for unemployment.

Do YOU understand that the state is not obligated to consider things the same way your employer does? That just because your employer considers you to have resigned does not mean the state agrees?

It may be unfair, but this is not a wrongful termination and there is nothing you can do that will force the employer to give you your your job back. It would be a waste of time for you to try and a waste of money to pay an attorney.

However, there is every likelihood, under the circumstances you have described, that you will be able to collect unemployment.

 

[alicelight7]

The problem resolved. I am leaving the forum.
Thanks everybody for participating.

 

[Zigner]

okay. I will tell you the whole story then.
Several months ago I've been stalked by a customer at the store for about 2,5-3 months. I reported to managers, to HR, and to security. Nothing was done untill my husband came in and made a big noise. Then they spotted the guy and walked him out of the store, and he never showed up again. I have witnesses of being stalked all over the store. Also, there are other female employees who is being stalked.
I believe since that day they were waiting for a chance to get rid of me. They got rid of me at the first (and minor) violation that I made. Do you think I have grounds for a law suit?

For what?

 

[alicelight7]

The problem resolved. I am leaving the forum.
Thanks everybody for participating.

 

[>Charlotte<]

For them not performing their job when I was stalked and sexually harrassed

But they did perform their job.

they spotted the guy and walked him out of the store, and he never showed up again.

 

[alicelight7]

But they did perform their job.

It took 2,5 months and my husband to come in and make a big stink.
What was the reason why my hysband had to come in?
They didn't do their job in the first place.