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exPR1usn

Inferred Resignation

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I have been employed for a Company that owns quite a few 55+ communities, for 1 year , 7 months and 3 weeks.  I realize it is a state that can fire an employee for no reason.  My problem is I took time over a long weekend for a personal reason with written request approval.  I packed up all my plants & personal items before  I left. I did this because the owner has a reputation for firing people on a whim, out of the blue. I felt I didn't want to have to pack up my things in a hurry if he was in one of his moods. Plus watering of plants etc... I have always been a reliable, conscientious employee. I was hired as a Social Director.  I did get more things piled on me as various employees were let go or mostly quit.   While out of the state on my approved time off I received an email from administration stating they were accepting my resignation. They then called and told me the same thing.  I responded that I had not resigned either in writing or verbally.  I was told the owner took it as an inferred resignation.  According to them because they had gotten a phone call verifying my employment on a resume & my clearing out my personal items (pictures & plants).  The resume was an old one I had sent out months before just to see what the rate of pay was at another place, not a 55+ community or social directors job.  The owner does not like to pay unemployment. I really think this is why he didn't just say fire her.  I am considering legal action because an inference to one person might be perceived quite differently to another person.  My granddaughters pictures were old, she has grown. I thought I might get her some new ones taken & put them up when I got back. My plants I didn't want to ask someone to water since we are so short handed as it is & the owners mood swings are not predictable

. This inference is not lawful is it? I would think one would have to be privy to the employee's personal, unspoken thoughts to make this inference.  To my knowledge neither he or his administrator can read minds.  Any thoughts on this would be welcome. One of the owners favorite sayings is "let them sue me, I have the best Lawyers in the State. I don't lose."  He does have "connections" as the saying goes, I have been told by some very reliable sources.  I don't want to wake up w/ a horse head in my bed. It is the point that I have worked above & beyond all the other employees that are left.  And given 110% of myself to the community & the residents to try to make things better there.   To not be fired but told I resigned when I did not. 

 

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Nothing illegal happened so there's nothing to sue for.

 

You had written approval for the long weekend? Not just your written request for it (although that helps) but a written response approving it?

 

Regardless, file for unemployment. The employer is likely to have a hard time with this inferred resignation business.

 

That you worked hard for your employer is understandably relevant to you but it's not relevant for anything else.

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Thank you.  Yes being prior military I made sure I had approval in writing.  I don't want anything but what I feel I should get to help me until I get hired. That being unemployment & any help finding another job. I have to work to live. This is not for fun money.  I don't want to be out of work. I am a survivor but the faster I find employment the better. I guess I will find out if he fights it if I need an attorney. I am not looking to sue but I want to be prepared for anything with this guy.  Thank you again.

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It is very strange to clear out one's desk entirely for "just a long weekend". Do you do this every weekend? Add to that the call to verify your employment, your apparent dissatisfaction with your current employer and it does sound an awful lot like you were not planning to return. You stand better than average chances of getting unemployment but I could see it going the other way as well. File, and if denied, appeal.

 

Nothing you shared gives even an inference of anything illegal. It is perfectly legal to take an employee's actions as a resignation. You even admit you did so not just so you could water plants and swap out pictures but because you were not expecting to return.

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Actually on most long weekends I am in town & drive in to water the plants.  I also stayed until 10:30 the night before my "last" day. So I wouldn't be playing catch up on putting the newsletter together for print. Had I known I wouldn't have bothered doing that.  My dissatisfaction with the owner was due to his wild mood swings. He has fired and rehired one of the guys 3 times in one day. And being on the receiving end of his temper is not a great work environment. He is known for doing things when someone takes their vacation time. "Mail your keys in, we will mail you your last check".  Then withholds the check for over 30 days so the ex-employee has to get with the State Labor dept. to get their check.  It is not the kind of work environment I have ever been in before. If someone told me about the guy I would think they were exaggerating.  To experience it you would understand why I took my pictures & plants home for safe keeping.  I left my daughters number with an employee in case I was in a deadly car accident & told him my notary stamp, rolodex and some other personal items are in my desk. If something happens to me call her & give her those items.  

I have already started job hunting online. I don't want to sponge off the state or sue him for anything but unemployment if it comes to that. I am not a person who wants something they haven't earned. I also am a person who has bills & would like to be able to eat. And I like working.

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I'm not saying you aren't justified for wanting you get the heck out of dodge with this guy in charge. I am saying that your behavior is awfully indicative of an employee who plans not to return and it is entirely legal for your employer to read between the lines and treat it as a resignation, even if they read it wrong.

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I realize it is a state that can fire an employee for no reason.

 

I assume this is some sort of vague allusion to the concept of at-will employment, but nothing in the history of the world has ever happened "for no reason."  There's always a reason.

 

 

 

I am considering legal action. . . . 

 

Legal action for what?

 

 

 

This inference is not lawful is it? 

 

Under the circumstances, it might not have been particularly reasonable to infer that you had quit, but there's nothing illegal or unlawful about it.

 

 

 

I would think one would have to be privy to the employee's personal, unspoken thoughts to make this inference. 

 

No.  To infer something means to reach a conclusion based on various facts.  For example, if I see a person wearing all black, including a ski mask, sneaking around in an alley, I could infer that this person intends to burglarize (or has burglarized) some nearby premises.  I don't need access to "personal, unspoken thoughts to make [that] inference."

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If the behaviors of his boss are so, and can be corroborated with other current and former employees, wouldn't he have a potential case for Hostile Work Environment?

The act of packing up everything prior to a long break, may not be unreasonable in that event.  He has been conditioned to expect the worst out of his boss.

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