Employment Law Questions? Ask an Employment Lawyer.
Thank you for your follow-up. Here are some of the issues as I see them. If I miss anything, please use the 'reply' button and I will further clarify. Any money you receive, if you are not going to pursue them for anything, is yours to keep. Since there is no contract attached and no specific language, accepting the funds does not limit you from anything else. If they still owe you money, then you may want to contact them and to issue you a check.
Second, I do not see you as terminated. Termination requires notice. It might be an in-person speech, phone call, email, even a text message, but SOMEONE has to tell you that you were terminated. If you are still receiving insurance, as that is being done via the company, you are still nominally on staff.
Third, that may create a problem with your current business. Since there is a non-compete, it may have a clause barring you from competing against the company or even 'moonlighting' somewhere else. So that may give them grounds to terminate you 'for cause' and that would then possibly effect benefits, if you are expecting to receive any from the state or other entities. Hence, it may be wise to press the company as to your status to get a formal answer or else this may give them grounds to possibly even sue you for breach and damages.
Fourth, if you have had such a nasty manager, you may have a basis for filing a grievance with the EEOC for 'hostile work environment' and pursue the company itself for damages. An employer is obligated with the ability to work relatively safely. You can work for a jerk, that is not against the law, but if he or she intentionally causes you harm and affects, that may violate state and federal law.
Hope that helps.
Thank you for your follow-up. I appreciate your replies.
If you press them on status and they terminate you, you can no longer resign--a resignation happens BEFORE the employer makes a decision so if you do wish to resign, simply do so before they give you any answer. I cannot tell you if you should resign, as I am not your attorney, but that is your choice if you are not under contract. Resigning would not affect your EEOC claims, if you choose to pursue them, but it would affect unemployment if you do change your mind and later decide to file for it.
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