I requested time off and was denied last minute. My GM told me they were "letting me go" if I couldn't make it back. He's now telling me I'm resigning.
by James Davis
The GM said he never received my time request but I put the request in 3 weeks prior to the date.
I wrote a letter to the company (restaurant) stating that I am NOT resigning. They wrote a letter back stating if I didn't show up for my shifts (the ones I requested off) that it's a "resignation without proper notice". I've been working there for 6 years and only work about 12 hours a week (1 long shift). They are notorious for not paying unemployment. I wrote one last note letting them know that I don't appreciate the forced resignation and I've been called in for a meeting. I'd like to know if what they are doing is legal so I know if it's even worth going in for the meeting. I live in NYC and Thanks in advance.
Oh James, the sad fact is they can and do pretty much as they please and the best way to defeat employers .. is to play their "document" game.
I've never heard of a "resignation with proper notice" you owe them no notice as they owe you no notice when you are fired. I suspect what they mean is you will be considered to have "job abandoned".
Since I don't know what your employer's time off request policy or even their attendance policy is I don't really have much to say even about UI benefits .. but if I did .. it would be based on the information NY provides.
It a good resource for all NY employees to keep handy. It might even make me obsolete:)