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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20401
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My wife put in her resignation today for 9/15/13. She was asked

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My wife put in her resignation today for 9/15/13. She was asked to by her direct supervisor so he could look for a replacement, and have that person trained by the time she left. When his boss found out about it he fired her on the spot. Corp HR said they had the right to do that, but it was not their (HR) usual policy, but the campus Director could if he wished. My wife just came off workers comp on Monday, and this same director has been mad about it the whole time. When her direct supervisor left the company the first time he put in a 30 day notice to the same director and was not fired but given the 30days. The loss of the wages will be about 10k and because she was resigning we don't even know if she can claim unemployment for any of the time from today till 9/15. Thank you for you help.

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.
Customer: replied 4 years ago.

They asked her to put in the resign she was not planning on it till September 1st. They knew she was planning to leave some time this fall
to fallow me to my new area, but only put in the resignation because she was asked too.

Thank you for your reply. I do understand that they asked her to put in her notice early and that is, in part, why I stated there is at least some chance that she might have a claim for breach of an implied contract. But, the fact that she was going to resign and did not have a contractual requirement to put in her notice early, but did anyway, are facts that work against her. In other words, those facts alone, asking her to put in an early resignation does not make it a sure thing that she could succeed with a breach of implied contract claim.
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