Can a job just say you quit instead of your fired?

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Can a job just say you quit instead of your fired?

My manager cut my hours down to 1 day 1 hour after a long six months of hard work. False accusing, stealing of hours,and selling spoiled produce. You think the last thing a person wants to do is treat someone who knows about it unfairly.Employees say its the drugs she snorts every day in the office. Now i have had to miss the only hour i had to stay home cause my air got turned off. She states I quit” Please help me. Its to hot not to have air and i have a nine month old son with RSV.

Asked on June 22, 2009 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you did not any vaction, personal, leave, etc. hours you could use to cover your absence, the company can certainly fire you for missing work. They cannot say you quit unless you did. Of course, since missing work without permission is grounds for being fired "for cause," which among other things would be grounds for not collecting unemployment, it may not actually help you. It would be more common for an employer in this situation to simply terminate or layoff the employee without exactly saying why, which lets the employee save face and apply for UI; however, again, companies don't have to do that.

So if you push it with your company, you might get them to say that you did not quit--but they may choose then to say your were fired for cause, which would not help you.

(And note: even if you had vacation, etc. hours to have used, you would have had to apply to use them the proper way--employees can't just decide to not show up for work. If employees could do that, companies couldn't function, so employees are justified, including legally, in firing employees who do not get their absences approved.)


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