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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
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Experience:  Assisting employees and employers for over 14 years.
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i was fired from my job at menards last friday. on feb.23rd

Customer Question

i was fired from my job at menards last friday. on feb.23rd i would have been there 2 years. i was called into my managers office and told that fellow team members had complained that i was "intimidating" them. i believe 3 employees that i worked with were involved in the complaint, two of which have only been there for 2 or 3 months or so and the third maybe 6 months or so. my manager told me he was letting me go. didn't inquire as to my side of the story, just fired me. i have been an "awesome" employee as one of the managers in my department said. i have never been late. soon after i started working at menards i was voted team member of the week. the first year i had perfect attendance. this past year there were 2 or 3 days i needed off. a short time after i started working for menards my dept. manager moved me to the grocery section of our dept. where i could work from 5am-12:30pm five days a week but the way it has been is that i could work as late as i wanted, at times working 8, 9, 10, 11, 12 hours a day or as long as i had energy. i am 58, divorced and now have to find a job with the stigma of being fired. who will hire me now at this age with being fired on my record. my son is friends with a human resourse coodinator at another menards store and he told my son that his manager told him to go around the store and find employees doing something that they could fire them for. the guy didn't want to do it but had to or loose his job. got me thinking that this is probably what happened in my case. i need this "firing" off my record! where can i go! what can i do! i have bills to pay and no job and don't know if i can even collect unemployment at this point!
Submitted: 2 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 2 years ago.
Thank you for using JustAnswer!

I am sorry to learn of these circumstances. Have you asked HR if: (a) they would allow you to resign instead of being fired and (b) still not fight your unemployment if you claim constructive discharge?
Customer: replied 2 years ago.
(a) no i haven't asked the hr person if they would allow me to resign. (b) not quite sure what you mean. are you saying that if they allow me to resign instead of being "fired" would i not fight for unemployment? i neeeed unemployment! this is a tough job market even for the young with degrees!
Expert:  JB Umphrey replied 2 years ago.
If you resign, you are not eligible for unemployment. A resignation is considered to be a voluntary quit and, thus, no unemployment.

However, if you claim that you were constructively discharged (resign with the threat of termination), then you can be eligible for unemployment. It goes easier if your employer says that they won't fight your unemployment claim.

Legally, you cannot get the termination off your record if the employer won't agree to it.

However, you have nothing to lose by asking the employer if they'll rescind the termination, allow you to resign, and promise to not fight your unemployment claim.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

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JB Umphrey
JB Umphrey
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Assisting employees and employers for over 14 years.