Legal Question in Employment Law in California
fired/vs quit
I recently was put in a position that I felt I had no choice but to resign, however a day after puting in this notice, I withdrew this and asked to go per diem instead, at least to keep my foot in the door. My position hadn't been filled at that point, in fact they were still short some nurses. I was called the day after they got my per diem request, and asked me to come in on Monday to talk. Went in on Monday, my boss and her boss told me instead of per diem to take a month off. No LOA paper was written nor signed, I call after 1 month asking to come back, sent letters too, and have not heard from them. So I re-applied and still have not heard from them. They have many positions open, so for some income I filed for unemployment. Unemployment was denied, they think I didn't explore all options, when in fact I did, I asked to stay on staff per diem, was denied and told to take time off., request to return denied, doesn't that mean I was fired?
1 Answer from Attorneys
Re: fired/vs quit
I don’t know if you were fired. It appears that your employer accepted your resignation and that is why you were denied unemployment insurance. It also appears that you thought you were no longer employed because you re-applied for the position. Did you receive your last paycheck on your last working day- even though there was no paperwork involved this would signify a termination (not all cases) instead of a resignation.
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