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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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Can my employer misconstrue what i say and assume i gave notice?

Customer Question

can my employer misconstrue what i say and assume i gave notice?
He is hiring 2 new engineers, and im worried about loosing my job.
I texted him this am: it appears that i will not be in tomorrow as well. Can you just text me when my last check is in?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 8 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. I am very sorry about this situation. In general, though, I must tell you that since employment in CA is "at will" absent an agreement to the contrary, your employer can terminate you without cause or reason. Thus, whether or not your statement would be construed as a resignation does not matter--either way, your employer can choose to stop employing you. Your statement does matter for one purpose, though, and that is determining your eligibility for unemployment benefits. This is because quitting will generally result in disqualification. It will be up to the unemployment hearing officer to decide whether your statement could "reasonably" be construed as indicating your intent to resign. as that is a matter of subjective opinion, I would only be speculating as to whether your claim will be approved. But since there is no penalty for applying, you should absolutely do so, and as soon as possible, too, if your employer refuses to bring you back on. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Customer: replied 8 months ago.
does it sound like i gave notice?
Expert:  Patrick, Esq. replied 8 months ago.
To be honest, I can see how it might be construed that way. You indicate that you will not be in tomorrow and ask when you can expect to receive your "last" check. Why would it be your last check if you weren't quitting? Of course, you can still argue otherwise. Perhaps you have some other texts, emails or evidence which would allow you to spin this differently. But looking just at the statement, I can see how the conclusion that you were resigning could be reached.
Expert:  Patrick, Esq. replied 8 months ago.
Was there anything else?
Customer: replied 8 months ago.
Yes...immediatly afte I texted that he sent me ????. I replied with im just worrying is all.We hired new people and I dpnt know how we can aforrd them and my worries snowballed from there. Does it still sound like I quit
Customer: replied 8 months ago.
He knows that isuffer from anxiety and that I do worry about getting fired.
Expert:  Patrick, Esq. replied 8 months ago.
I think with this additional context it does not sound like your intent was to quit. Hopefully this helps. I wish you luck with this.
Expert:  Patrick, Esq. replied 8 months ago.
Please don't forget to rate if I have answered your question. Thank you very much. Patrick

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