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 Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21981
Experience:  20 years of experience practicing law.
10707909
Type Your Employment Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I got into a heated argument with a coworker two weeks ago,

Resolved Question:

I got into a heated argument with a coworker two weeks ago, got very upset, and stormed out in tears. As I left I grumbled to some coworkers "I quit. I cannot do this." I never said these words to my boss or even to a supervisor, and I never said "tell my boss I quit". He was not even in the building when this happened. Later that morning after I had time to calm down, I called my employer and left a message for my boss that I was sending an email to explain exactly what happened. I wrote him that same day, explained the circumstances of the argument, and apologized. I was very fearful that I was going to be fired (the altercation was with his daughter and I had sworn at her), and I asked in my email if I was fired or could I please come back. When I got his response I was surprised---it said "I accept your resignation". I wrote him back and reiterated that despite my tearful grumblings to coworkers I had not ever actually intended to resign and that I wanted my job. I begged him again to please reconsider but I never heard back from him. This has been very hard for me...I worked for this company for 10 years and to the best of my knowledge they had always been happy with me. I had never been reprimanded or even given a bad review not even once. I had never had an altercation or made a scene before. The worst I can say about myself is that I had been feeling occasionally grumpy and irritable lately because my workload has been very heavy and difficult to keep up with for quite awhile now (about a two year period), and I've been asking repeatedly for more help but never got any. I know my state of mind probably contributed to the incident (it felt like I just snapped and I was beyond calm rational thought at the time), but except for not having a "sunny attitude" lately I felt that I was still doing a good job (I was always pleasant and cheerful with clients no matter what).

My question is, was that a legal resignation, and will it prevent me from collecting unemployment? (New York state...in Syracuse)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Hello

My name is XXXXX XXXXX I look forward to providing you information in this regard.

If you did not put it in writing to your supervisor/boss then it is not going to be considered a resignation. It is an outbust and nothing more.

I suggest that you should file for unemployment and use your email as evidence that you never gave your resignation.

Now, if you left the office that day or did not report to work the next day, it could be construed that you quit because you were ranting that is what you were doing.

Customer: replied 1 year ago.

I did not return to work that day or the following day only because my boss had already wrote me back and told me that I had "resigned". In my emails I was asking quite sincerely XXXXX XXXXX could please come back to work and that I absolutely did not resign. Frankly I begged and groveled in those emails to no avail, so I didn't try to go back because I felt certain I was not welcome. A coworker I had spoken with on the phone also indicated to me that my boss had already decided he would not allow me to come back.


 


Under these circumstances do you still agree that I should be eligible for unemployment benefits?

Expert:  Samuel II replied 1 year ago.

Hello

I see

Well, if there is nothing in those emails that says you resign - then I am a little confused as to why you did not go back to work?

Explain that to me again, briefly, if you can

You left the day of and then wrote an email asking to return even though you never told your supervisor you quit - correct?

Why would you do that and not just return? Did you feel you were fired at that point?

Customer: replied 1 year ago.

Yes I was very afraid I was fired at that point after blowing up at a coworker that also happened to be my bosses' daughter. I went home crying immediately after the incident and wrote my boss, asking if I could come back or was I fired. He wrote me back and said "I accept your resignation". I begged him to reconsider and insisted I didn't resign, but I didn't hear back from him again, a coworker said I wasnt wanted, and I did not try to go back because I was afraid to.

Expert:  Samuel II replied 1 year ago.

Hello

Ok. So you never resigned. You thought you had been fired

Yes, I suggest you file for Unemployment based on those facts.

Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21981
Experience: 20 years of experience practicing law.
Samuel II and 11 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.