HELP! Unemployment appeal / forced to resign / wrongful termination?
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HELP! Unemployment appeal / forced to resign / wrongful termination?
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I posted this in Law section and was told by one of the answerers to post in the career section as well...
To sum it up, prior to my maternity leave we made a verbal agreement for me to work part time upon my return from leave. Two weeks before I was due back to work I got a call saying they need me back full time. I already made arrangements for a part time babysitter and didn't have a full time babysitter.
I asked if I could get two weeks to look for a daycare and she said ok. in those two weeks I couldn't find any daycares that had immediate openings and asked to take the two weeks of my accrued vacation at which point I was told ok but that my job isn't guaranteed.
I wrote another email keeping her up to date with my daycare search and received no response back.
Then all of a sudden I received an email stating that they found someone else that they are hiring permanently and that they would like my last day to be Friday (two days from then).
Then she called me and left a voicemail requesting a resignation letter in order to give me a good reference. My husband and I met with her and she again requested a resignation letter and so I agreed. I wanted a good reference for my future job and had no idea that it was going to interfere with my unemployment.
The voicemails have been deleted form my phone somehow after 3 months and all I have is an email where she is letting me go and telling me when my last day will be. And also my resignation letter that i wrote is dated 3 days later after termination date.
Do you think that its enough to prove that I was forced to resign?
Could it also be a wrongful termination since they asked for a resignation letter (perhaps to cover themselves)?
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OriginalBubble
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Okay, Im in the UK so Im going to tell you about UK law.
You have a right to request flexible working when you come back from maternity leave for a start.
It sounds to me like they are covering themselves by making you send a resignation letter instead of sacking you, cos they had no grounds to sack you.
I would speak to a no win no fee solicitor, cos it sounds to me like you are in the right, you tried to work full time, did all you could to find full time day care. |
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patrick
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Wrongful termination would be most difficult to prove, so i wouldnt go there.
Needless to say, writing a letter of resignation is never a good idea, if you are being terminated, or laid off. The only purpose such a letter serves is to avoid unemployment insurance increases, and any wrongful termination suits.
The email telling you that Friday will be your last day, predating your letter of resignation should be enough to prove your point, and receive unemployment.
Dont expect that good letter of recommendation, however. |
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Shane
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It is hard to determine if this was a wrongful termination since you do not say how long were you employed or how long you were out after giving birth since you may have been protected under the Family Medical Leave Act, but you were definitely coerced into giving a resignation. That definitely would help your claim when you go to the UI hearing if you present it clearly without getting flustered. More importantly, your story would prove to be quite credible since you have the email from this individual advising you of your last date of employment which is an obvious termination and would fall under "constructive termination." This document in conjunction with your resignation letter that is dated 3 days later per her statement that without the letter you would not receive a good recommendation for future employment will totally nail them. Just keep calm and again do not get flustered no matter what you do. |
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Mr.Michael Meyer
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Ignore the previous smart*sses and shop around for a lawyer. They wanted you to sign that resignation letter because they knew they were forcing you out. It is totally unethical and I am sure there should be some legal avenue for you to pursue. People sue over hot coffee... you have an actual legitimate case. I would like to slap your boss but that is not proper. (I still would like to though.) I hope you and your family are doing okay. |
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