How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17185
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

My wife put in her resignation today for 9/15/13. She was asked

Resolved Question:

My wife put in her resignation today for 9/15/13. She was asked to by her direct supervisor so he could look for a replacement, and have that person trained by the time she left. When his boss found out about it he fired her on the spot. Corp HR said they had the right to do that, but it was not their (HR) usual policy, but the campus Director could if he wished. My wife just came off workers comp on Monday, and this same director has been mad about it the whole time. When her direct supervisor left the company the first time he put in a 30 day notice to the same director and was not fired but given the 30days. The loss of the wages will be about 10k and because she was resigning we don't even know if she can claim unemployment for any of the time from today till 9/15. Thank you for you help.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information. Normally, since Massachusetts, like most states, is an employment "at will" state, neither an employer nor the employee owe the other party any notice before terminating the employment relationship. So, unless there was a contract or written employer policy that required that both the employer and the employee had a duty to provide a certain amount of advance notice before terminating employment, none was required. In addition, because of that general rule, when an employee does turn in their resignation, an employer may accept it effective immediately, and it is not considered a "termination" or firing, by the employer, but instead an instant acceptance of a resignation.

All that said, if the employer is not following their normal procedure and there were indications that this particular person was unhappy with your wife's filing for, or taking off for a WC claim, then there might arguably be an issue with a breach of an implied contract and maybe retaliation for filing a WC claim. So, she may want to sit down with a local employment law attorney and discuss all of the facts to see if they think they might have a decent case for one or both of those claims.

In terms of unemployment, it is unlikely that she would be approved since she was the one who resigned, and the employer had the right to accept the resignation immediately. She can apply anyway, and appeal a denial if that occurs and give it her best shot. It doesn't cost anything to do that.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

They asked her to put in the resign she was not planning on it till September 1st. They knew she was planning to leave some time this fall
to fallow me to my new area, but only put in the resignation because she was asked too.

Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply. I do understand that they asked her to put in her notice early and that is, in part, why I stated there is at least some chance that she might have a claim for breach of an implied contract. But, the fact that she was going to resign and did not have a contractual requirement to put in her notice early, but did anyway, are facts that work against her. In other words, those facts alone, asking her to put in an early resignation does not make it a sure thing that she could succeed with a breach of implied contract claim.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17185
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 2 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.