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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17269
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I HADA MEETING WITH MY BOSS LAST WEEK. I WONT GO INTO DETAILS

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I HADA MEETING WITH MY BOSS LAST WEEK. I WON'T GO INTO DETAILS UNLESS YOU TELL ME IF THEY ARE RELEVANT TO THIS QUESTION. I TOLD HIM THAT AT A LATER DATE IF I FELT THE NEED TO RESIGN I WOULD AT THAT POINT. I SAID IT MORE THAN ONCE AS IT RELATED TO OUR DISCUSSION, AND HE TOLD ME THAT I SAID IT SO MANY TIMES HE WAS TAKING IT AS A RESIGNATION. I SAID IT WASN'T MEANT AS ONE AND HE SAID HE WAS TAKING IT AS ONE AND SAID "GIVE ME YOUR BADGE". I DID AS I WAS TOLD AND LEFT. LATER, WHEN I SPOKE TO HUMAN RESOURCES, I AS TOLD THAT HE TOLD THEM THAT I RESIGNED. I TOLD HER WHAT HAPPENED. I HAVEN'T HEARD FROM ANYONE YET, BUT I WILL BE PUTTING SOMETHING IN WRITING. WHAT DO YOU THINK?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Can you briefly tell me what the nature of the conversation was you had with your boss, and why you would mention resigning in the future? Did your boss tell you that they would terminate you or you could resign, or did they say that if you didn't like something you could resign? Also, just to be clear what is your main concern here? What goes on your employment record, unemployment benefits or what?

Customer: replied 1 year ago.
Collecting unemployment, can he actually call that a resignation and be rigjt?
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the reply. However, I still need the answers to all of my questions so that I can assist you properly. Again my questions were:
Can you briefly tell me what the nature of the conversation was you had with your boss, and why you would mention resigning in the future?
Did your boss tell you that they would terminate you or you could resign, or did they say that if you didn't like something you could resign?
Also, just to be clear what is your main concern here?
What goes on your employment record, unemployment benefits or what?
Customer: replied 1 year ago.
We were discussing problems within the department and I had just cut my hours back thst day. Can I collect unemployment until I find another job? I think he terminated me. He said that I resigned. What fo you think?
Expert:  Marsha411JD replied 1 year ago.
Hello again,

Thank you for your reply. The reason why I asked about what lead up to the statement about resigning is because that is the most important part of what occurred in regards XXXXX XXXXX benefits. In other words, whether you resigned or were terminated is not going to be decided by just a word like you are "terminated" or "I resign" but instead that context of the situation. I still don't know what that was and even if I did, I, nor anyone else can tell you what the State is going to ultimately decide in your case. However, I can tell you what the law is and what they will look at in their decision.

A claimant is only eligible for unemployment benefits if they either quit for "good cause" attributable to the employer or if they were terminated "without cause." Those are the only two ways to qualify. So, if you made a statement that could be interpreted by the UI Commission as you quiting because of the way the Department was being run, then in that case, you would have to carry the burden of proof to show you did so for good cause. That is not an easy burden to bear since you must show that your employer was doing something either illegal or had changed the terms of your employment so drastically that you could no longer afford to work there.

On the other hand, if the State finds that you were terminated instead of quit, based on the chain of events, which it sounds like they might according to you, then your employer carries the burden to show that you intentionally or through gross negligence failed to perform your duties properly, or failed to conform to workplace standards, rules, policies, etc. If they cannot carry their burden, then you will be awarded unemployment benefits. Since I don't know what happened in that conversation or any of the facts from your employer's perspective, I can't guess if they could carry their burden.

In any event, you certainly should apply for unemployment benefits and put down what you think happened, which is that you were terminated. Then the employer will, if they choose, dispute your eligibility, either because they say you quit or because they say you were terminated for cause. Then the State will likely initially deny your claim. You can then appeal and upon appeal is when the "burden of proof" issues that I discussed will be handled. A hearing officer will hear both sides of the story and make their decision based on the law and who they believe.

If you have any related follow up questions I would be glad to answer them for you if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17269
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 3 other Employment Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 17th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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