Can I draw unemployment in MD since I resigned under an unfounded suspension

UPDATED: Oct 1, 2022

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Can I draw unemployment in MD since I resigned under an unfounded suspension

Can I draw MD unemployment for quitting I put my 2 week notice in while under suspension for unfounded/cleared suspension?

I was suspended without pay and told to go home due to a complaint on a private Facebook post that was shared with a board member of our company. No investigation had been started. I was told later that evening that I was NOT to return to work the following day either due to being unable to contact the complainant personally. My coworkers had been questioned. I turned in a 2 week notice not from admission of guilt because I did nothing wrong but due to the fact that the company that I work so hard for was more concerned with their image on FB than that of their employee the very next morning at 7 am and went to a dr appt and went home. Few hours later I was told I could return to work, allegations were unfounded and cleared employer will not say if they spoke to FB complainant and was asked to come back right then and also asked to take back my resignation. Due to financial difficulties I had no gas money to be able to travel that distance again a second time and because I was told NOT to come to work earlier and told my employer I could not come in that day. I asked if my employer was going to pay my lost wages at least for the first day and I was told NO. Is this legal?

Asked on June 30, 2018 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, unfortunately, whether the suspension was warranted or not, you write that you resigned--that you turned in two week notice. If you had not resigned but had stayed on an indefinite suspension, you could have applied for unemployment; if you had not resigned and ultimately been terminated, you would have been eligible for unemployment--but you did not; you resigned. Resigning is a voluntary separation from employment; when the employee chooses to  resign or quit, she or he is not entitled to unemployment benefits, no matter how justified the employee thinks the resignation was. (Consider: everyone who resigns or quits thinks they are justified in doing so, so that *cannot* be a criteria or factor; your belief about the correctness of the suspension or fairnness of the suspension is irrelevant.)

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