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Is it better to quit or be fired if you know its coming?

by Scott
(il)

Im in a position to where I've basically exhausted my company's point allotment and with a half of point left the company has already hired on a new employee to take over for me. Not to mention my boss isn't really a nice person. Now every time I've taken off I've used the proper steps which is fine. but most recently I called in and was late all in the same week due to a hospital visit that was needed for my mother. I need to collect my Unemployment as we have 7 kids and a mortagage. what do i do ?



Hi Scott,

Well, DON'T QUT!! Quitting in "anticipation of discharge" is disqualifying.

My first thought is to not be late or call in anymore.

But just so you know. If a person properly follows the employer's call off procedures and the last absence is for a reason out of the employees control .. it becomes very difficult for an employer to prove the discharge was for misconduct. In other words .. if you provide a note from the doctor and they fire you anyway .. because they use a point system that doesn't differentiate between excused and unexcused absences like the state would see it .. Oops.

The difference in how states even determine this kind of stuff varies .. some states only look at the final incident .. other look at your entire attendance record and make a judgment on the whole .. others may look at the entire attendance record and then pick out the absences they think were with good cause .. and then ask the question "if the employer hadn't counted these absences would they have fired".

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Oct 19, 2009
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Quit for working overtime and never being paid it?
by: Washington and cheated

I quit after a year and a half of working considerable overtime, sometimes 10 hours a week, and was told I would get a day off the next week. I wanted overtime but was never once offered. The owner only had two employees, me and the manager, and neither of us ever had an offer of overtime pay, which in this state is time and a half after 40 hours. I was also never given a pay stub, but instead paid by personal check. I know I paid taxes because I have w2's. Either way I got fed up because the owner and the manager were both taking a week vacation in august at separate times and I was being forced to work 2 full weeks, excluding sunday when the shop was closed, and never once offered overtime. I don't know how I can prove this with out pay stubs but I know this is a valid reason. What info can you give me if any and what can I do to help my case?


Hi,

Find some legal help in WA Washington State has the Unemployment Law Project which is among the links.

I think the first thing you should have done and should now do if you haven't already is file a complaint.





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