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I sent an email to an employer stating, "I would like to put…

I sent an email...

I sent an email to an employer stating, "I would like to put in my two week notice" I was thinking they would want to work with me, but my intent wasn't to quit

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

But they said. today can be your last day." my wish was wanting to quit, but not my intent

Lawyer's Assistant: Has anything been filed or reported?

I am in Minnesota

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, but it is just statements.

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Answered in 1 minute by:
3/12/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what your question is?

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Customer reply replied 5 months ago
I am wondering if a wish or desire or want is not the same thing as utter intent?

In what regard? That is, how do you think that it would change things if they were different?

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Customer reply replied 5 months ago
Basically making the statement "I want to put in a two week notice" was more of a bait statement. I thought they would want to sit down and talk. Mind you, this was me coming off being at the doctor and being out for a week to take care of my son and myself for lu like symptoms, so at this point I had a dr note that I had only screen shot and sent. I never actually had an intention to not work, nor did I have another job set up. There was no action on my end besides the statement I made.
After I received an email stating it would be my last day, I was cut off from all accounts with that company. Luckily I had screen shot the last email they sent, and have it printed for evidence." I don't have the original email that I wrote. It is copied and pasted into an email from HR.
Customer reply replied 5 months ago
But the conditions under which I was working were unreasonable, so I did intend to sit down and talk to my supervisor about how I was feeling.
Obviously that didn't happen.

And are you asking in the regards ***** ***** your employer can do to you (accept your "resignation", etc...) or in terms of unemployment benefits should you find yourself unemployed?

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Customer reply replied 5 months ago
I am trying to get unemployment. In MN,
INTENT to quit-I don't get benefits.
But is wishing and hoping INTENT?
They highlighted my performance and concerns about the program in a response to me asking if I quit or if I was fired, because I didn't quit.
So, this is basically $410/week up to 10k that I could receive as a single mom out of work.
I am ok if it doesn't turn out into my favor, but for my son, I have to try.

I completely understand. Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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Customer reply replied 5 months ago
I have a hearing coming up on the 27th for an appeal for the determination of being denied unemployment benefits. Ive been out of work since 2/14/2018

While you didn't specifically ask about unemployment benefits until I prompted you on that account, I suspected as much (that you were asking about unemployment). Ultimately in a "voluntary quit" situation, the "fact finder" (think of a jury) is going to be trying to determine if you actually quit or not. And they're going to be looking at what you said to determine if it's more reasonable than not that you actually quit.

The first thing that you need to know is that Minnesota is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. So they can "accept" your resignation (and effectively terminate you) even if you never intended to give you resignation in the first place.

The problem is that the more specific you are in communicating language of quitting, the more likely it will be determined that you actually quit. That is, if you had said "I'm thinking of resigning" is pretty clear that it's not language of actually quitting. Saying "I would like to resign" is MORE likely to be seen as language of intent rather than theoretical ideas regarding resigning. "I would like to put in my two weeks notice" is even more specific, indicating that there's a specific action that you're actually taking. Now it's true that it COULD be taken as "I would like to put in my two weeks notice BUT I'M OPEN TO ALTERNATIVES" but the problem there is that the alternative interpretation was not stated. When you say "two week notice" then that's very clear and understood language of quitting. It'd be VERY difficult for a reasonable finder of fact to determine that you were not quitting under that circumstance. Now if you had said "IF we can't come to an agreement then I'm putting in my two week notice" then that's a bit more complicated and less clear that it's an unconditional quitting. But as you have said it, to me (and based upon all of my experience in these types of cases) it seems as though you were communicating your intent to put in your 2 weeks notice. Unfortunately, it seems as though the burden would be on you to establish that it was not your intent to actually put in the 2 weeks notice, but rather simply to open a negotiating line of communication.

Again, the more specific you are, the more specific it will be interpreted. For example, suppose you were at the movie theater concession stand, and you said "I would like to order two popcorns" and they then turned around and gave you two popcorns. If you said "I never said I intended to buy two popcorns, but rather wanted you to negotiate with me as to what I really wanted" that would be seen as unreasonable, right? The point is that at some point your statement of a "wish" becomes a clear statement of intent, even if you subjectively never intended it that way. The more specific, as it pertains to language of quitting, the more likely it will be determined that you actually quit. Now you can still fight it, but it's an incredibly uphill battle (I'm sorry to say).

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Customer reply replied 5 months ago
It's ok, I just wanted the opportunity to explain my case. I'm trying to lessen my stress right now.
I am getting back into school, so the outcome will be better, but the circumstances under which I was working, or the reason for my wanting to negotiate turned on me I guess. I was on an Island without support trying to handle 50 people with mental illness. I felt they pushed me out the door, which is legal I guess. The other unfortunate part is that I don't have a copy of the email I actually wrote. It was copied and pasted and not from the actual source. I thought that could help my defense, but I hate to say, "I don't recall what I said."

I understand what you're saying, and your explanation of what you said. But ultimately the unemployment commission is going to be looking at what you said, when you said it, and the context of that, and asking if it's more likely than not that you were communicating a statement that you were quitting at that time. And basically it's going to look at that statement and nothing following it to see what it means. That is, if you said "well I didn't mean that" after the fact, the commission won't consider that later statement, but rather what was communicated up to that point. And unfortunately I don't think that there's enough to sustain a case that you were not quitting but rather trying to negotiate with them. Again, if you had said "I want to quit but..." or "I'm think of quitting..." then that would be a stronger case. But when you say "I would like to put in my two weeks notice" and give no indication to them that it's conditional on not coming to an agreement, then I'm afraid to say that it's likely that the unemployment commission will see this as a voluntary quitting situation.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 5 months ago
Thank you for the honesty. I guess I am just annoyed too that they posted my job online
before this all happened.
Customer reply replied 5 months ago
I was scared of getting fired not knowing the law. but, live and learn.
Thank you.

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
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