Termination or Resignation?

[rmason84]

Things at work seemed as though they were gradually getting worse. It started approximately this time last year. I have had many health issues that have arisen in this period of time which continue to this day. My department supervisor seemed to be singling me out for disciplinary action then letting others in our department get away with doing the same things. I often was given verbal and written warnings. Many of these occurrences were during the times I was either taken out of work per my physicians request or d/t hospitalization. I always had the correct documentation needed except for my hospitalization periods as I was in no condition to even be able to get an excuse to my employer. It was explained to me upon my return to work after these instances that even though I was in the hospital I should have made sure that they had gotten a note stating that I would be out. During these periods of time either by email or phone I did my best to inform them and keep them up to date on all progress. The department supervisor was also offered any and all documentation provided by my physicians to me each and every time in which she declined. I was continuously disciplined for issues that were either out of my control or that I was instructed to do by either the departments assistant supervisor or one of the other supervisors from different departments which had never before been an issue. I feel as though I am rambling and for that I apologize. Needless to say this continually got worse over time to the point I could not handle it anymore due to the magnitude of stress inflicted which made me think the only way out was by resigning from my position. I held out as long as I possibly could. I did attempt to discuss and dispute the verbal and written warnings that were centered around the dates in which I had sufficient excuses. I was informed that even though there were adequate excuses provided due to the amount of time that I was out they were within their rights to give these disciplinary actions. I finally presented them with a resignation letter as of October 1, 2012 stating that it would go into effect as of October 17, 2012. A week later on October 8, 2012 I received a reply to my message stating they accepted my resignation but they were putting my resignation into effect as of the date in which it was presented to them. Essentially this is why I am wondering if it would still be considered a resignation from my position or if it would now be a termination of employment. Any answers or assistance you may be able to give me in this matter would be greatly appreciated. I thank you very much for your time.

 

[Proserpina]

This is a resignation; it was legally effective the date you submitted it to your ex-employer.

You can try to file for UI, but generally unless there is an extremely compelling reason why you resigned you won't qualify.

With that said, were you offered FMLA?

 

[cbg]

I agree that this is a resignation. The fact that the employer accepted it early does not transform it into a firing. (FYI - every time you leave your employment it is a termination; a quit is a voluntary term.) That being said, in some states if you resign with notice and your employer cuts you loose immediately, you can collect UI for the period of your notice. It's worth applying.

I'm going to be a bit more specific than Pro with regards to FMLA, however:

1.) How long did you work for this employer?
2.) How many employees did the employer have within 75 miles of your location? If you don't know for sure, is it over or under 50?
3.) While this may have been difficult to determine with multiple absences, did you have a minimum of 1,250 hours in the 12 months immediately preceding each one?
4.) In the last 12 months before your resignation, how much time off IN TOTAL did you have? I'm not asking for how much was approved, how much was paid, how much was with doctor's notes, etc; for the purpose of this question I don't care about any of that. I want to know, for the purpose of this issue, EXACTLY (or as close as can be estimated) how many days, weeks, months you missed in total (not per absence).