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I just gave a two week notice to resign from my current position. I did this after recently recieving a written warning that was not entirely true. I signed this letter after stating this to my supervisor. I admitted to thinking that maybe this was not the best position for me to my supervisor. My employer said that I could only work to the end of this week after stating he would give me a few days to think about giving a two week or month notice if I indeed decided to resign. I feel like I have been mislead. He is asking for me to send in a letter of resignation tonight. What do i need to do? I should still get my vacation pay at the least I hope? I work in NC for a tobaccco company.
State/Country relating to Question: North Carolina Already Tried: I have tried nothing. I just want to make sure that I have been treated fairly because I feel overmatched.
Thank you for contacting our JA team for guidance.
Employers can terminate you with or without good cause. However, they cannot force you to resign unless you agree to it. Your employer may be pressuring you to resign as your written warning is not grounds for termination under the employer's policies and they want to avoid paying you unemployment benefits.
Generally, when you sign a written warning, it is not an admission, but reveals only that you have read it. Depending on the infraction, you may be eligible for unemployment benefits if you allow them to terminate you.
North Carolina requires that employers have a written policy regarding forfeiture of vacation time upon termination and for what reasons vacation time may be forfeited. If not, they must pay the accrued but unused vacation days upon termination.
Please let me know if you need additional information.
Best regards XXXXX XXXXX
TG
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The infraction is not making enough sales calls in a monthly coverage period. He has documented how he has talked to me about this in the past. Am I correct in thinking that i have not resigned until I send the official letter? What are my chances of getting unemployment if I do not send this letter? I do not have another job lined up and think that i have been coaxed into quiting. Also you said "usually" on the written warning I signed it thinking that they would fire me if I did not. Could this warning be used as proof against me? If I decide not to send the letter what is safe to tell my employer? I am sorry for all the questions but i need more clarification.
I said usually it is not an admission because it depends on the language of the document you signed whether it is an admission or not.
If not making enough calls in a month is grounds for termination under the employer's policy and an important part of your job duties, then they could use this against you to get the commission to deny your unemployment benefits even if you allow them to terminate you.
You have not officially resigned until you send the letter, but if you already agreed to and there were witnesses, the employer could argue that you have resigned and the writing is a formality. A lot of employees resign verbally, so it depends heavily on what has already transpired in your case.
You can tell your employer that you have decided not to be forced into resigning, so they will have to terminate you if they are going to do that.
All the best to you.
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