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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I was just terminated for job abandonment from a half time

Customer Question

Hi, I was just terminated for job abandonment from a half time job that I was at for one year. I was about to resign, because my supervisor said to me " Oh this job was never intended to be half time, as in half the work of full time, in order for it to work for me, it would need to be much more." This was her response to my asking her to reassign one of my groups (I was working as a therapist) when I discovered over the last year that several full time workers were doing only one or no groups at all-indicating to her that I felt overloaded for 20hrs per week. She actually tried to force me to sign a supervisory contract form on the day I was "terminated." I refused to sign it, instead told her I was leaving early sick, she stated, "okay."
The next day HR told me they looked into it and I was terminated for abandoning my job. Please help-any help appreciated!
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I have a few questions that will help me better assist you today.

On what basis do you believe you have a labor complaint? Are you alleging discrimination based on your race, religion, gender, age, disability or FMLA use? Did you have a contract of employment stating that you could only be terminated for cause?

Expert:  Allen M., Esq. replied 10 months ago.

I'm not sure if you saw my questions. I asked because they are legally significant.

In employment law, you can legally be terminated at any time, with or without cause, unless you have an contract stating that you cannot. This is called "at will" employment and it is the default employment status for all states in the U.S.

So legally, you could be terminated for job abandonment, at least for the employer's purpose, making the termination legal. Unless you can allege discrimination based on one of the factors I mentioned before, the termination would be legal in the absence of a contract of employment that very explicitly states you can only be terminated for cause.

So your fight here is only for unemployment. You can file for unemployment, argue that you were released so this was not job abandonment, and the employer can't claim job abandonment successfully. All that would entitle you to though is unemployment. The termination itself would remain legal and it doesn't create any sort of Department of Labor complaint, at least based on the facts in your initial post.

This is why I asked the see if I was missing anything.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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