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.