QUESTION

Can my employer tell me that I have quit, even when I say that I haven't?

Asked on Mar 15th, 2021 on Business Law - Texas
More details to this question:
On Friday, March 12, 2021, my employer offered a job to a prospective employee. This employee would be hired into the same position as me, but with a higher salary than I am being paid. My employer has been telling me, on record, that there isn't enough money in the budget to give me a pay raise. This upset me, and I lost my temper. I texted a 3rd-party vendor that the employer states is my "acting supervisor" and said that "I'm quitting." However, when asked for clarification, I texted that I was not quitting at this moment, and whenever I DID resign, it would be with at proper letter, and a two-weeks notice. I was later called by our Benefits office, which acts as HR, and asked, "Have you quit?" I said, "No." My employer then said, they are taking the text message as my resignation, and that I was dismissed. My account was locked out, my keys and ID badge were taken from me. I was very clear that I had no intention of resigning my position.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your employer can tellyou whatever it wants, but that doesn't bind you.  I assume that this has to do with unemployment benefits.  If your employer disputes your entitlement to them, the unemployment office will adjudicate the dispute.
Answered on Mar 15th, 2021 at 3:12 PM

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