Is it really called “calling in and resigning/quiting” when I did not mention anything about quiting because I was not able to work?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it really called “calling in and resigning/quiting” when I did not mention anything about quiting because I was not able to work?

I mentioned to a few co-workers about not being able to work this day and said I was going to call in. So I did the procedure I was suppose to. A little after my scheduled shift the store manager called me and told me she will not accept my call in and that I would have to come into work. I told her I can’t because this has to get done along with my family being here to help me get things moved. She asked if I was still on the phone and I said yes and that was the end of the conversation. Scheduled that next day at 9:00am I went into work, and was told that I called in and quit the day before!

Asked on May 12, 2009 under Employment Labor Law, South Dakota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Employment is "at-will" in South Dakota, like a majority of states.  This means your employer can fire you for no reason and you can walk away for no reason.

If you feel, however, you were wrongfully terminated, you need to figure out what you want to come out of this.  Not sure if you will get your job back, but there may be other things.  Further, check to see if you qualify for unemployment in the meantime.  Don't wait.

Contact the South Dakota Department of Labor (http://dol.sd.gov/) and the Equal Employment Opportunity Commission.  Then, perhaps consider consulting an attorney.  Try www.attorneypages.com and look for a lawyer well-versed in employment labor law.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption