I Resigned but Was Reported As Terminated

[defiant]

My question involves labor and employment law for the state of: California

So I resigned about a couple of weeks ago and I wanted to see if I qualified for unemployment. Well after receiving a telephone interview, I was told by the unemployment government agency that I was reported as terminated by my employer. I have worked for 8 years there and their reason for termination was job abandonment. I told the representative that was false because I turned in a resignation letter to a manager and there was a witness as well.

Is there any legal recourse I can go with?

Thank you

[DonnyC]

If you want unemployment why wouldn't you just leave it as you got terminated. If you quit without good cause you don't qualify.

what was the reason on the ajudication summary from the employers prospective on the summary page?

[defiant]

I did not leave it as termination because it's the only job I have had, so if I apply for another job it would screw me over when they are doing a background check. I quit because I was being forced out and I mentioned this to the individual on the phone.

I did not receive any paperwork, I was told over the phone when they were doing the interview.

[Betty3]

I told the representative that was false because I turned in a resignation letter to a manager and there was a witness as well.

You are seldom eligible for unemployment ins. if you quit a job/turn in a resignation letter.

You didn't mention how/why you were being forced out that made you decide to quit.

Your former employer "may" have considered your resignation/quitting as job abandonment.

The final decision as to whether you get unemployment ins. is up to the state.

[defiant]

You are seldom eligible for unemployment ins. if you quit a job/turn in a resignation letter.

You didn't mention how/why you were being forced out that made you decide to quit.

Your former employer "may" have considered your resignation/quitting as job abandonment.

The final decision as to whether you get unemployment ins. is up to the state.

Actually I told the lady on the phone I was being forced out with termination if I would have a sick call even with a doctor's note. I originally received a written report of having too many sick calls which were only two. I did not receive this documentation until March 07, 2009. One in December of 08 and one in January 09. I was actually sick, there was documentation which stated this from the company I worked for.

I don't see how my ex-employer may get to declare my resignation as job abandonment since, California is an "at-will" state. Both parties can terminate the arrangement of employment.

Thanks for the help though.

[cbg]

About ten years ago, I had an employee, in California, who thought she was about to be fired. (She was right.) She faxed us her letter of resignation and then proceeded to file for unemployment on the basis of the fact that she quit to forestall being fired.

When the EDD asked us, we provided them with a copy of her resignation letter.

Her claim was denied. They told her flat out that if she'd waited to be fired she would most likely have been approved but that they didn't pay people to quit their jobs.

[Betty3]

cbg is definitely correct (though she knows that). If you would have been fired, your chances of getting unemployment ins. go way up. When you resign, you normally don't receive it.

The state will decide.

[defiant]

About ten years ago, I had an employee, in California, who thought she was about to be fired. (She was right.) She faxed us her letter of resignation and then proceeded to file for unemployment on the basis of the fact that she quit to forestall being fired.

When the EDD asked us, we provided them with a copy of her resignation letter.

Her claim was denied. They told her flat out that if she'd waited to be fired she would most likely have been approved but that they didn't pay people to quit their jobs.

I see, thanks. Doesn't the state view something wrong when a company willfully submits the wrong statement? I resigned 2 days before I was allegedly fired, this is a form of retaliation against me (discharged from my job for future reference).

[cbg]

I'm not seeing any form of illegal retaliation here. What did you do that you claim they are retaliating against you for?

The issue here is not what your employer says or doesn't say. The issue is that YOU QUIT.

[defiant]

I'm not seeing any form of illegal retaliation here. What did you do that you claim they are retaliating against you for?

The issue here is not what your employer says or doesn't say. The issue is that YOU QUIT.

I understand that in regard of possibly not getting unemployment awarded. I am talking about the issue of making a false claim against me...
For example
I start looking for another job, when asked if I was discharged which I was not and then the future employer does a background check. They find out that I was terminated(false) which then affects me because I have now lied(which I did not) on my application.

The retaliation is because my manager/employer was upset that I quit on the spot so in return they post me up as termination which can drastically affect future employment opportunities.