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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
(NY, NY)


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:)

Comments for 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.

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Nov 15, 2010
by: Anonymous

I am in the same situation and was denied unemployment because they say I voluntarily quit by leaving to go to court even though they had recieved over 30 days prior notice.

An employer cannot not allow you to attend court if you are ordered to attend court. Can you prove the notice of 30 days you gave to the employer?

What state are you in? I'll try to find something specific for you to use.

Sep 15, 2010
Requested time off and was let go
by: Anonymous

My son requested time off and was approved. He bought his ticket to fly out to CA from NY and the night before his flight his boss told him that if he left he would be considered as 'resigned'. My son came back and went to his manager and his manager said he could not have his position back. My son applied for unemployment and was denied because his boss said he quit. He appealed, I represented him and the judge awarded my son unemployment benefits. The manager had made arrangements to have someone cover for him while he was gone but at the last minute changed his mind. The judge said that the employer was not fair in what he did. If the person can prove that he followed the rules to the letter he will win an appeal for unemployment benefits.

That is exactly correct. Thank you for relating a positive story.

I would agree that if your son proved he had been approved for the time off .. purchased a travel ticket based on that approval and then the night before was told he could no longer have the time off, it was the employer that wasn't acting in good faith and ended your sons employment in a capricious and unfair manner .. and it didn't hurt that your son could have suffered a financial loss to boot due to the purchased ticket.

Aug 27, 2010
Thank you
by: James

I appreciate the assistance. I'm taking a meeting with them this week.

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