Was she fired or did she quit?

My wife works at a Pizza Place in Ohio. Today
she told them she would no longer be available to
deliver which she rarely does anyway. Her boss
flipped on her and asked if she even wanted to
work there anymore. She told him that she
honestly didn’t want to and that she would
continue to work there for a month so he could
replace her, she’s a shift manager and they have
been hemorrhaging employees. He told her he was
saying she quit and she better not dare to try
for unemployment. She is schedued for on more
day thia week but has been taken off next week’s
schedule. Trying to figure out if unemployment
is an option while she is looking for another
job.

Asked on July 19, 2017 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Once you wife gave notice, that constitued her quitting her job. Further, the fact is that a company need not accept notice; a worker in such a situation can be terminated immediately (absent an employment contracr or union agreement to the contrary). Accordingly, since her leaving her employment was voluntary, she will not be eligible for unemployment compensation.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Once you wife gave notice, that constitued her quitting her job. Further, the fact is that a company need not accept notice; a worker in such a situation can be terminated immediately (absent an employment contracr or union agreement to the contrary). Accordingly, since her leaving her employment was voluntary, she will not be eligible for unemployment compensation.


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