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Quit or Fired?
My question involves labor and employment law for the state of: TEXAS
It is the last day of the month. The last day of the month is your last chance to meet your monthly quota and perhaps achieve a bonus. My numbers were just shy of the mark. That day’s work means a big difference in my paycheck amount as well as job security. I have enough solid appointments set. My first appointment is for 8am. I open the account and put in my notes, pull a work sheet and gather some information. I go back to the account to get the phone number and that’s when I see that a co-worker has ignored my notes and put hers right on top of mine. She has taken my appointment. I couldn’t believe it. This would be the second time in a week that she’s done this. I stood up from my desk to get my co-workers attention. I was telling her it was my appointment and that she needed to give the customer over to me. She ignored me. So I turn to the shift manager who gets just as upset but not because of the situation but rather: “I’m too tired to deal with this.” I was yelled at just as much as the other co-worker. After a few heated questions, the manager said, “Just give it to her.”… meaning me. But it was made clear that I was wrong to expect that kind of consideration. It didn’t matter my efforts or customer rapport, didn’t matter I had notes in the account. It’s who gets the customer on the phone first. What? I couldn’t believe that it was ok for a co-worker to disrespect another like that. I felt like she was stealing money from me. We’re talking work ethics. I was so upset and felt so wronged, I made a knee-jerk emotional decision that I just couldn’t work like that. I got up from my desk so embarrassed and upset and said, “I’m outta here.” I left. I quit. I just walked out.
As the day went by, I realize how stupid I reacted. I did not handle myself very well. Even though I hated what had happened and knew I could not expect anything different, I still wanted my job. I called the department manager and explained what happened, that I wanted to work this out, and that I would be there the next business day to talk with the shift manager. He said, “Ok, we’ll leave it at that.”
Next business day, 8:00am, I arrive ready to work. I met with the shift manager and apologized for acting so badly and was hoping she would let me get back to work. She said she could not make a decision without talking it over with the department manager who would not be in until 9:30am. She said to go have some breakfast or something and wait.
I waited until about 11:30am and then sent the department manager an email:
Good Morning XX,
I talked with XXXXX this morning about keeping my job. She said she would have to talk to you first and that I would get a phone call. Did I misunderstand? Am I suppose to call you? Please let me know.
I emailed again at 3:00pm with a header say “Please call” and signed it with my name and cell number just in case he was having trouble finding my contact number.
I didn’t get a call or a response to my emails.
The next day a co-worker calls me after work to say that she heard I was fired. She said she asked the secretarial person in my department who told her that it was a tough decision for them to fire me. I couldn’t believe I was hearing this from a co-worker.
The next day I called the shift manager to confirm. She said yes, I was fired for job abandonment. She said no, I could not come back to work.
This is confusing to me. Did I quit? Was I fired? Was I fired for quitting? Unemployment denied my claim saying that I had voluntarily quit. They said I could appeal which I will try to do. I’m wondering, though, do I have a leg to stand on? If so, what should the appeal sound like? How do I find out what is being told to a potential employer?
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Re: Quit or Fired?
Sounds to me like you were fired for walking off the job, which they have every right to do. You can try to appeal on that basis (though I'm not sure it'll work - walking off the job is also most often a disqualifier.
But a case could be made for your quitting, too. It's a matter of perspective (not of law).
There's no guaranteed way to find out what they might tell prospective employers. BTW, if it is their honest opinion that you were fired for job abandonment, they may legally say so (EVEN IF the unemployment office disagrees). You can ask a trusted friend to call posing as an employer or your can hire a reference checking service. You may not find out.
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Re: Quit or Fired?
I believe you quit the job. Move on.
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Re: Quit or Fired?
Believe me, I want to move on. But in the mean time if there is a way to have a couple of dollars come in while I look for another job....
I just thought it was pretty brutal not giving an employee who has never missed a day of work a write-up instead of just terminating.
I have nothing to lose in appealing... but the company is a TERMINATOR and I'm sure they know exactly what to say against an appeal in EVERY situation.
Thanks for your time in responding.
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Re: Quit or Fired?
If I was your employer, I would take your actions as quitting and walking out. There for no entitlements to unemployment.
There for just try to make it through until you find a new job.