resignation

I submitted my resignation letter to my former employer.  Upon receiving it, they decided to not accept my resignation and cease employment that date. Another employee who submitted her resignation less than a month after me was allowed to work out her notice. We both worked the same position and I was employed longer then she was. This is a nationally recognized African American company. The woman who quit after me and was allowed to work out her notice was black, and I am not. Is this a case of discrimination?

They accepted your resignation; they just accepted it immediately.

It is only illegal discrimination if the reason the two employees were treated differently is BECAUSE one was of a particular race and the other was not. 

Don't see discrimination at all!

What happened when you applied for UC?

Nope. They accepted your resignation - they just declined to let you work out the notice period. They are free to do that.

I have my hearing for UC on Monday. It was origionally denied d/t not exploring all possible options before putting in my notice. I had spoken with the CEO several times to get office issues resolved without success. When they let me go and I spoke with the CEO he stated that his hands were tied and there wasn't anything he could do. When the ohter woman put in her notice she explained she wasn't giving a full two weeks d/t what had occured with me and he made sure she was allowed to work out her notice.

Patty would there be any way to prove that it was due to race or is it basically a moot point?

If they always treat black employees one way and white employees another, that would show racial bias.

Discrimination is not a useful issue before UC hearing.

 

The general view is if you submit resignation and they accept it "early"  then you just resigned=NO UC!

 

In some far fewer cases, if your resignation was well worded (which I sort of doubt) it is possible to make the point that they fired me before my resignation  took effect and therefore the nature of thier terminaton is the determining factor and if they terminated me w/o cause  I should be entitled to U/C !

 

Yes, if Whites always got paid final weeks and Blacks always got  no pay and exited that sure smell like discrimination--but that issue needs to go before EEOC process  --much more complex process. 

 

Now if company smells a stinky discrimination problem they might be wise to not contest your UC any further ...