QUESTION
Employeer says I resigned, but I didn't.
Asked on Apr 06th, 2013 on Labor and Employment - Illinois
More details to this question:
One day after work, I loaded up some construction tools to take home to do some personal work that I needed them for. I was also wanting to take them home because I recently had $800 worth of tools stolen from a job they had me working at, and said they will not replace. After dropping off tools at home, I returned to my job to collect my toolbox, which is where I found my boss's wife waiting with the door to the garage blocked and stated she heard I didn't work for them anymore. I asked to please get my tools and I didn't know what she was talking about. I called the police and they showed up. My boss also showed up and said that I was trespassing and on personal property. I was unable to retrieve my property that night. Showed up to work the next day since I didn't quit. But he wouldn't let me work. Received a letter today saying "They accept my resignation". I NEVER QUIT!!!
1 ANSWER
4 Awards
While the employer cannot claim that you "quit" in this situation, he can terminate you without any reason at all. What you need to do is send an email or a letter by regular and certified mail stating exactly what you note in your question and make it clear that you did not quit and explain to him that he should not claim to anyone else that you quit. You can further note in your letter or email that you still stand ready to work.
In the meantime, if you do not hear anything from the employer within 2 days (if you contact them by email) or 5 days (if by letter), you can file for unemployment. The employer may claim you quit but under the facts you state, you will be able to obtain unemployment
Answered on Apr 08th, 2013 at 10:22 AM