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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I got into a heated argument with a coworker two weeks ago,

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I got into a heated argument with a coworker two weeks ago, got very upset, and stormed out in tears. As I left I grumbled to some coworkers "I quit. I cannot do this." I never said these words to my boss or even to a supervisor, and I never said "tell my boss I quit". He was not even in the building when this happened. Later that morning after I had time to calm down, I called my employer and left a message for my boss that I was sending an email to explain exactly what happened. I wrote him that same day, explained the circumstances of the argument, and apologized. I was very fearful that I was going to be fired (the altercation was with his daughter and I had sworn at her), and I asked in my email if I was fired or could I please come back. When I got his response I was surprised---it said "I accept your resignation". I wrote him back and reiterated that despite my tearful grumblings to coworkers I had not ever actually intended to resign and that I wanted my job. I begged him again to please reconsider but I never heard back from him. This has been very hard for me...I worked for this company for 10 years and to the best of my knowledge they had always been happy with me. I had never been reprimanded or even given a bad review not even once. I had never had an altercation or made a scene before. The worst I can say about myself is that I had been feeling occasionally grumpy and irritable lately because my workload has been very heavy and difficult to keep up with for quite awhile now (about a two year period), and I've been asking repeatedly for more help but never got any. I know my state of mind probably contributed to the incident (it felt like I just snapped and I was beyond calm rational thought at the time), but except for not having a "sunny attitude" lately I felt that I was still doing a good job (I was always pleasant and cheerful with clients no matter what).

My question is, was that a legal resignation, and will it prevent me from collecting unemployment? (New York Syracuse)


My name is XXXXX XXXXX I look forward to providing you information in this regard.

If you did not put it in writing to your supervisor/boss then it is not going to be considered a resignation. It is an outbust and nothing more.

I suggest that you should file for unemployment and use your email as evidence that you never gave your resignation.

Now, if you left the office that day or did not report to work the next day, it could be construed that you quit because you were ranting that is what you were doing.

Customer: replied 3 years ago.

I did not return to work that day or the following day only because my boss had already wrote me back and told me that I had "resigned". In my emails I was asking quite sincerely XXXXX XXXXX could please come back to work and that I absolutely did not resign. Frankly I begged and groveled in those emails to no avail, so I didn't try to go back because I felt certain I was not welcome. A coworker I had spoken with on the phone also indicated to me that my boss had already decided he would not allow me to come back.


Under these circumstances do you still agree that I should be eligible for unemployment benefits?


I see

Well, if there is nothing in those emails that says you resign - then I am a little confused as to why you did not go back to work?

Explain that to me again, briefly, if you can

You left the day of and then wrote an email asking to return even though you never told your supervisor you quit - correct?

Why would you do that and not just return? Did you feel you were fired at that point?

Customer: replied 3 years ago.

Yes I was very afraid I was fired at that point after blowing up at a coworker that also happened to be my bosses' daughter. I went home crying immediately after the incident and wrote my boss, asking if I could come back or was I fired. He wrote me back and said "I accept your resignation". I begged him to reconsider and insisted I didn't resign, but I didn't hear back from him again, a coworker said I wasnt wanted, and I did not try to go back because I was afraid to.


Ok. So you never resigned. You thought you had been fired

Yes, I suggest you file for Unemployment based on those facts.

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