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"My child was sick with a fever and I was not able to go to

 
VAMD, Esq.'s Avatar
  • Answered by:VAMD, Esq.
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"My child was sick with a fever and I was not able to go to work. I called 4 people to cover my shift (that is the entire department), my asst. manager started crying that she would have to miss her trip to come in for my. In a bad moment of judgement, I texted "too much drama, I quit". She responded "fine". I responded "I thought XYZ company supported families", she responded via text "They expect your to get your shift covered". I called HR immediately as I felt cornered into having to quit before getting fired for having to chose between taking my child to the dr and work. HR said they were accepting my resignation I don't need to give 2 weeks notice and to please send over a formal letter. I sent an e-mail stating I was not resigning and so no letter would be coming.... they now want to have a meeting. Question, what are my options in this case as to unemployment...? Do they need to officially fire me?

 

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State/Country relating to question: Colorado

Submitted: 331 days and 21 hours ago.
Category: Employment Law
Value: $26
Status: CLOSED

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Expert:  VAMD, Esq. replied331 days and 21 hours ago.

Hello and thank you for allowing me the opportunity to assist you.

Generally speaking, if you quit your job then you're not entitled to unemployment benefits since you would be the cause of your unemployment. It sounds like the question here is whether you actually resigned or not by texting that you quit to your assistant manager. In my opinion, that will be viewed as quitting, though you can certainly argue otherwise, particularly if the HR department still considers you an employee and has asked for a meeting. So, my guess is that you quit, and that you will have trouble getting unemployment benefits, but it could certainly go the other way as well. However, even if your text is not viewed as a resignation, it's possible that your employer would be able to fire you due to absenteeism, which would also likely prevent you from receiving unemployment benefits. So, you do have some hurdles, in my opinion, with regard to unemployment benefits.

I regret that my answer is generally unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found value in my answer. If your concerns were not satisfactorily addressed, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to rate me with 3 or more stars or happy faces (whichever applies in your case) so that I will receive credit for my time (doing so does not end our discussion). Thank you and good luck!

Expert TypeAttorney
Category: Employment Law
Pos. Feedback: 96.0 %
Accepts: 819
Answered: 6/25/2012

Experience: Licensed to Practice Law

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