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  1. #11
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    Default Re: Resigned in Wa - Unemployment in Co

    Quote Quoting cbg
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    If YOU didn't know whether he'd actually been told he'd be fired if he didn't quit, you should have kept your mouth shut.
    And since you didn't know that he hadn't, then you should keep your mouth shut.

  2. #12
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    Default Re: Resigned in Wa - Unemployment in Co

    Unless the OP has some way to see into the future, 30 seconds or months, makes no difference. He was not fired before he quit. What he thought may or may not happen really doesn't matter.

  3. #13
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    Default Re: Resigned in Wa - Unemployment in Co

    Quote Quoting PayrolGuy
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    Unless the OP has some way to see into the future, 30 seconds or months, makes no difference. He was not fired before he quit. What he thought may or may not happen really doesn't matter.
    The EDD write up on "quit or be fired" disagrees with you. In "quit or be fired" the claimant will always be without a job because he accepted the employer's opportunity to quit first or was fired AFTER he was given the chance to quit and refused.

  4. #14
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    Default Re: Resigned in Wa - Unemployment in Co

    Quote Quoting chyvan
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    What, do you think that "quit or be fired" takes on 50 definitions from state to state? I doubt it.

    It is entirely possible as all 50 states can have their own laws/policies, consistent with any case law.

    Quote Quoting chyvan
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    Sometimes you can't find this for the state in question so you look around and take a guess so that you get close enough. CA happens to have one of the most complete write ups to learn the concept.
    If you can't find it in the state in question, no you do not take a guess based on some other random state. That isn't the way the law works. If it's not there, it could be because the state in question doesn't recognize the concept or deals with it in some odd way. The only proper thing to do in that case is contact the state in question to find out how they handle it, not make a haphazard "lemme pull this outta my butt" statement.

  5. #15
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    Default Re: Resigned in Wa - Unemployment in Co

    Quote Quoting chyvan
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    And since you didn't know that he hadn't, then you should keep your mouth shut.
    But you see, sweetcakes, I read the post. I read it over several times, just to be sure. And it wasn't until I was absolutely certain what the OP had told us that I responded. I looked specifically for the words, "I was told" or "the employer told me". I didn't find them. I reviewed exactly what the poster said happened, what he was told, and what he assumed was going to happen. Then, and only then, did I respond. I didn't guess what he meant; I responded to what he said happened. I figured he was there, he knew better than I, or you, what had transpired and I should take him at his word. It's a pretty good concept; you should try it sometime.

  6. #16
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    Default Re: Resigned in Wa - Unemployment in Co

    Op made absolutely no statement that he tendered a resignation in lieu of being fired. His statement suggests there was no threat of being fired but simply his own self determined conclusion. The fact, given the statements of mangers claiming poor performance, allowing a 60 day notice would seem quite unlikely.


    To chevyvan;


    in addition to nothing suggesting op was presented with a resign or be fired option (and pay attention to the fact op had already decided he was going to resign well before turning in his notice but delayed due to his lease on his dwelling) some states, where the employee is walked out before the resignation date will pay ui for only the period from the date of firing to the date of resignation. This is based on the simple fact the only period the employer is responsible for the person being unemployed is that period between the two dates. Once the date of resignation hits it becomes a voluntary quit and as such, the applicant is disqualified for benefits.

    You seemed to be quite excited about the possibility of the employer walking the op out before the date of resignation like it was meaningful. It often isnít very meaninfmful

  7. #17
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    Default Re: Resigned in Wa - Unemployment in Co

    Quote Quoting chyvan
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    The EDD write up on "quit or be fired" disagrees with you. In "quit or be fired" the claimant will always be without a job because he accepted the employer's opportunity to quit first or was fired AFTER he was given the chance to quit and refused.
    It really doesn't matter what a state that is not in question "writes up" about it. In this case the OP's employer never fired him. He quit and he thinks, with nothing to back it up, that the employer was going to fire him.

    The only evidence that other than testimony will be that he quit.

  8. #18
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    Default Re: Resigned in Wa - Unemployment in Co

    For about the third time, this is what I had to work with.

    Quote Quoting gadzooks
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    I have submitted my resignation from my job in the state of Washington. The reason stated in my letter was "not a good fit"
    "not a good fit" is exactly what employer's tell claimants as they're firing them.

    Quote Quoting gadzooks
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    if I hadn't resigned I would have been fired.
    I didn't know when he might be fired.

    Quote Quoting free9man
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    If you can't find it in the state in question, no you do not take a guess based on some other random state. That isn't the way the law works. If it's not there, it could be because the state in question doesn't recognize the concept or deals with it in some odd way. The only proper thing to do in that case is contact the state in question to find out how they handle it, not make a haphazard "lemme pull this outta my butt" statement.
    Then you are free to try to find it for Washington. I'm not going to because it wouldn't make much difference. Either it's "quit or be fired" and WA let's you get away with that or not. YOU try to contact the WA UI. Most people can't get through when they call so they come on the internet to get help.

    Quote Quoting cbg
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    I should take him at his word. It's a pretty good concept; you should try it sometime.
    I think that people make mistakes in telling their story, and you don't always take them at their word. You many times say, "I'm asking for a reason." I don't do that, I'll just tell them where I'm going, and they can fill in the gaps if they want.

    Quote Quoting jk
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    Op made absolutely no statement that he tendered a resignation in lieu of being fired. His statement suggests there was no threat of being fired but simply his own self determined conclusion. The fact, given the statements of mangers claiming poor performance, allowing a 60 day notice would seem quite unlikely.
    I didn't know this until 11 posts later.


    Quote Quoting jk
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    some states, where the employee is walked out before the resignation date will pay ui for only the period from the date of firing to the date of resignation.
    I know about WA's three-week rule. There's no question about it. I'd be more than happy to send you a link to a thread on the internet where the claimant in WA gave 4 weeks notice, was fired immediately, and got the whole enchilada.

  9. #19
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    Default Re: Resigned in Wa - Unemployment in Co

    You are completely misunderstanding why I say, "I'm asking for a reason". That is not at all because I'm not taking them at their word - it is a reassurance that I am going somewhere specific with this - that there is a specific law I have in mind that may be of help to them.

    I can't even imagine why you would think that meant I didn't believe them.

  10. #20
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    Default Re: Resigned in Wa - Unemployment in Co

    Quote Quoting cbg
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    I can't even imagine why you would think that meant I didn't believe them.
    Doesn't mean that you don't believe them, it means you want more information. I believed the OP, but I wasn't sure what he meant. I'm also used to people never coming back so I didn't want to waste time asking for info that might never come. I said "truly believes . . ." You said I was telling him to lie.

    Now, why don't you do what you said you were going to do about three times now, and stop arguing about it.

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