Requested 3 weeks leave from work (2 weeks in advance) which was denied. Stated clearly my intention to return to work after returning. Informed today that the time was not approved and they would "accept" my resignation. Their reason was the company has a slow workflow. Then informed me I would need to write a resignation letter for their HR records. The company recently closed a branch and laid off 12 employees. I have bever been written up in my 1 years and 9 months of full-time employment.
I assume this is to deliberately sabotage my efforts to collect unemployment.
Absent a contractual agreement, most employment in Connecticut is considered to be employment at will. In an employment at will situation, a person can be terminated at any time, without reason. However, there are a number of exceptions to an employment at will termination. If someone is being terminated and that person's civil rights have been violated in any way, such as age discrimination, sex discrimination, sexual harassment, race or gender discrimination, etc. Also, if termination is any way retaliatory for whistle blowing or some other act, such as being unduly targeted in a situation where an employer is laying people off due to an economic downturn, an employer may be liable for wrongful discharge. There may be reasons why you have been terminate that your ex-employer would never state to avoid liability.
As to the issue of unemployment, if a person is fired, he/she can file for unemployment right away. One can file over the internet or use the phone and to call in a claim. Whether or not you are able to collect depends on the reasons why you were fired. The major reasons why a person could be denied unemployment revolve around dishonesty [theft] or willful disobedience. Based on the information submitted and an investigation, a referee will make a determination. If you quit your job and try to collect unemployment, the same process of applying would apply. Assuming you have meet the eligibility requirements to collect unemployment if you were fired or quit, in the circumstances where you have quit your job, the referee would look at the reasons for quitting and make a determination. Generally, there are a number of reasons that are acceptable, one of them being health issues. For more detailed information, I refer you to the Connecticut Department of Labor website at http://www.ctdol.state.ct.us/
In attempting to negotiate a settlement during a forced resignation, it would be in your best interest to consult with an attorney, have the factual situation behind your "resignation" fully vetted with such an attorney, which would give you a full understanding of your legal rights and then you may consider having that attorney negotiate on your behalf if such negotiations seem appropriate.
Best of Luck!
William J. Lasko, Attorney at Law, www.laskolaw.net, Tel. 203 329-6602
