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Second opinion] I worked as a contract employee (GRA inc)

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for about a year and...
Second opinion] I worked as a contract employee (GRA inc) for about a year and a half. And our contract was with the Defense Health Agency. So basically I'm a contractor working for a federal government agency. I understand the concept of "at will" termination, as it is mention several times in the employee handbook. This handbook also cites that the document is not legally binding nor is a contract of employment. Here's the problem, I've had to deal with too many issues and write-ups related to medical appointments/issues. I decided it was time to leave so I put in a 30 day resignation. Well, my employer decided to make my resignation effective immediately. So I had to pack up my belongings and leave. Is it possible to file for unemployment Is it fair that they resign me earlier..it's not actually "at will" termination..or is it? Note, although I had to take leave for medical appointments, I would still make up the hours lost for free. For instance, I would bring my laptop home and work early in the morning, I'd take my laptop to appointments,( after purchasing a mobile hotspot), I'd work through my breaks at work, and take my laptop home after work and continue working.Again all for free while still burning leave. I just wanted to ensure I was handling the workload in spite of my medical appointments. Note, I work in Indiana, but my employer's is in Atlanta, GA.
Submitted: 7 months ago.Category: Employment Law
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Answered in 1 hour by:
12/21/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,986
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for the information and your question. Although I see that you discussed your working while on leave, I don't see a question there. I only see your question about how your employment was ended. I will answer that, if you have follow up questions, please ask them.

In an "at will" employment arrangement, neither the employee nor the employer must give the other notice prior to terminating the relationship. When an employee resigns and the employer accepts the resignation immediately, as many do because of workplace security and workproduct, morale, etc., they are not, under the law, terminating the employee. They are simply accepting a resignation immediately. So, no, in terms of unemployment benefits, you would be considered to have quit versus being terminated. That normally would make you ineligible for unemployment benefits. The exception would be if you could prove that you quit for "good cause" attributable to the employer, which is a very difficult standard to carry and requires that you exhausted your remedies with trying to resolve the issues that led to your resignation with the employer's HR.

Please feel free to ask for clarification if needed. And also, if you want to discuss the pay issue, please tell me whether or not you were exempt on non-exempt and what you did to resolve the issue with your employer. If you don't need any further assistance, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 7 months ago
Would quitting for good cause apply if I was constantly getting written up or counseled because of medical appointments? As I mentioned, between my kids, husband and myself. We’ve had quite a bit of appointments. But as I mentioned earlier I was hassled so much about it, I started working for free to keep up with the workload. Even if it meant staying up all night. I guess I’ve never experienced anything like this. Everywhere I resigned , even from
The federal government, when i
Decided to take on this contract positon,but still work for the govt. I never had anyone rush me out the door. I was being courteous since they just brought on a new employee I was in the middle of training.
Customer reply replied 7 months ago
I thought 30 days instead of two weeks would help in the transition
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

I can't give you an opinion about what the UI Commission would do because they make those decisions based on the evidence they gather from both sides of the issue and I just don't have all of the facts. Additionally, these decisions can go any way and, as mentioned, it is very hard to establish good cause.

That said, if you were not eligible for FMLA and had used up all of your medical leave, then if the employer would write up other employees who had attendance issues, this would not be good cause to quit. Again, please remember that the other requirement is that you worked with HR to try to resolve all of the issues but failed AND they were unreasonable in their actions.

You never provided me with the information about whether you were an exempt or non-exempt employee so I can't address the pay issue.

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Customer reply replied 7 months ago
Exempt employee. I work for a small business and was told my issues and concerns had to be sent to my supervisor. There was no contact with HR at all.
And I was never offered FMLA.
Probably because there was only me and one other employee. And all the work would fall on her if I wasn’t around.
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Well, I can't second guess what happened, but I can say as an exempt employee your are not entitled to extra pay for extra work. You would be entitled to your salary if you were working, but nothing extra. If there were only two employees, then FMLA would not apply. Even when it does, the employee must have worked for at least 12 months and 1250 hours during those 12 months to comply.

Since you appear to have so many issues with with employer, you might want to sit down for a consultation with a local employment law attorney who can go through each and all of the potential issues with you and do an in depth interview and give you a legal opinion about whether you have supporting evidence for your UI claim and potentially anything else. I am not your attorney, and don't have all of the facts, so I can't do what they can do.

You can certainly apply for UI benefits, but just be prepared for the issues I mentioned. Best to you.

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 21st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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