Forced Resignation or Fired??

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Latest post Tue, Aug 12 2008 10:57 AM by adjuster jack. 5 replies.
  • Mon, Aug 11 2008 3:21 PM

    • cyn20
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    • Joined on Mon, Aug 11 2008
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    Question [=?] Forced Resignation or Fired??

    I worked for this company for a year and 2 months. During my time there, I've had conflicts and no support from managements. My question is: If I had a situation with my supervisor and at that moment that I am upset and I state to my employer "please consider the fact that I am a single mother with 2 children and that it's probably best for me to start looking for another job. And upon me finding other employment that I will then give notice of me leaving. My Supervisor then asks me if I am resigning. I replied NO, because I need to find employment first. I was only being honest and giving a heads up because I assumed this would be a win win situation for everyone. I wasn't happy with them and they weren't happy with me. Can my supervisor come to me the next day and ask me for a Resignation Letter based the conversation that she and I had the previous day? NOTE: I replied to her that I was not resigning and that I was not going to give her a Resignatiion Letter. Can she then write one up and state that due our conversation the previous day that they consider it as me having resigned and that my last day would be the end of the month? Since they provided me with the date of my last day of employment - isn't this the same as them firing me?? I clearly wanted to continue working and my only mistake was to be honest. Can they call this as me having resigned?
  • Mon, Aug 11 2008 3:35 PM In reply to

    • Beth3
      Consumer
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    • Joined on Sat, Mar 24 2001
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    Feedback [*=*] re: Forced Resignation or Fired??

    "Can my supervisor come to me the next day and ask me for a Resignation Letter based the conversation that she and I had the previous day?" Sure, she can ask. That doesn't mean you have to give her a resignation letter though.

    "Can she then write one up and state that due our conversation the previous day that they consider it as me having resigned and that my last day would be the end of the month?" Sure.

    "Since they provided me with the date of my last day of employment - isn't this the same as them firing me??" Yes.

    "Can they call this as me having resigned?" They can call it anything they want to. If your concern is that you will be denied unemployment benefits because you "resigned" (in the company's estimation), don't be. A forced resignation is the same as an involuntary termination for UC purposes.
  • Mon, Aug 11 2008 3:54 PM In reply to

    • cyn20
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    Question [=?] re: Forced Resignation or Fired??

    Well, I was denied unemployment benefits and I'm in the process of fighting it. Per the Board of Review - Labor Dept. they stated that I broke the employee and employer relationship when I stated I would begin looking for other employment. I even submitted them a copy of the letter that I was given by my employer with them stating that my last of employment would be the end of the month. And that I clearly refused to give them a Resignation Letter. And they still ruled it as me voluntarily leaving the job. Is there any literature that I can reference to help me with this situation???
  • Mon, Aug 11 2008 5:07 PM In reply to

    • LynnM
      Lawyer
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    • Joined on Mon, Apr 3 2000
    • CA
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    re: Forced Resignation or Fired??

    You quit.

    You basically said "I'm going to quit but I'm going to hang out at my desk and collect a paycheck until a find another job to go to. I'll let you know when I'm ready to leave."

    They have every right to accept that as a resignation. You don't have the right to force them to go by a date YOU set.

    You are free to appeal the UC decision.
  • Tue, Aug 12 2008 9:34 AM In reply to

    • Beth3
      Consumer
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    • Joined on Sat, Mar 24 2001
    • Posts 5,466

    Feedback [*=*] re: Forced Resignation or Fired??

    That surprises me but it sounds like NJ has considerably more stringent UC statutes on this than do the majority of other States.
  • Tue, Aug 12 2008 10:57 AM In reply to

    re: Forced Resignation or Fired??

    You can look up the NJ unemployment compensation statute at:

    www.findlaw.com

    It apparently starts with 43:21-1.

    But I suggest you look up the annotated statutes at a law library.

    Annotated statutes give you case citations below each section. That helps you look up case law that you can quote from to support your position.

    While you are there look for a book called Win Your Unemployment Compensation Claim By Lawrence A. Edelstein.

    It's got a section on New Jersey.

    You can look at the pages at the following link but it's hard to read:

    http://books.google.com/books?id=GVXEae6SCT0C&pg=PA203&lpg=PA203&dq=nj+unemployment+statute&source=web&ots=IGjHjX9M-w&sig=Ibh42KWGslf43_l4xfs8kmfoxuA&hl=en&sa=X&oi=book_result&resnum=9&ct=result



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