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Quit or wait to be fired? (Employment & Labor Law)

Sat, 15 Oct 2005 07:46:00 GMT
Tags: common, employer, employment, fired, labor, law, production, slows, time

OK, I work in WA. I have been with employer for 5.5 years.

Every year (About this time) production slows down. This is common and many know it's going to happen. However this year, it's going to be very bad, especially for the perm employees.

As a result, my local supervisor told us that we'd shut down the last 2 weeks of Novermber. No probs, I have enough time in. The reason he told us this, was to quell any rumors we'd heard (Which we had) about the upcoming shutdown.

He did not say "Keep this quiet, don't tell anyone anything" or in anyway, restrict the information.

While doing my job, a couple of temps asked me about the month long shut down coming up. I said "No, it's not that bad, it's more likely 2 weeks, but we'll have to wait for the final say next week"

2 days later, the supervisor grabs me and demands to know why I said that he said we're having a 2 week shut down.

I replied that "I didn't say anything to that effect, I said we'd have to wait and see if it's true next week and I never mentioned your name"

Well, he said "I'll have to wait and see what damage this has caused and then I'll decide how to proceed" (Basically from what I see, he spouted info he shouldn't have and now he's in hot water too, but he's making me the scapegoat. Also, he called me a liar, but he does that to everyone he's above)

I think I have till Monday to quit it seems. If I do, I won't lose my sick/vac pay (About 145 hours saved) and I'll still have the option for COBRA.

However, I was wondering if this also leaves me the chance to claim unemployment as I feel I am being pressured to quit under duress. Yes, the job sucks at times (What one doesn't?) but I sure could use the paychecks till the worst happens.

I will also say, I was forcefully moved to this position 5 months ago, as the previous supervisor and I had issues with his attitude and demands about work.

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  • Sat, 15 Oct 2005 19:09:00 GMT(1)
  • In my opionion they (the temps) should have asked management directly if the rumors are true or not.

    hard to say what i would have done if i was in your place but i probably would have stated to them is to ask management.

    Not to make fun, but management here has one policy: "If your employees don't hate you, you're not doing your job"

    Also, regarding temps this company says: (as another supervisor said) "We chew them up and spit them out"

    I suspect though, some of the temps (In my area) may have gone to others, said "so and so told so and so this is what's happening"

    At least I may have a case for unemployment...
  • Sat, 15 Oct 2005 18:53:00 GMT(2)
  • In my opionion they (the temps) should have asked management directly if the rumors are true or not.

    hard to say what i would have done if i was in your place but i probably would have stated to them is to ask management.
  • Sat, 15 Oct 2005 11:22:00 GMT(3)
  • My personal opinion is that you will qualify for UI; however, my opinion and a dollar will get you a cup of coffee. It's only the state's opinion that cuts any ice. By all means apply, though.

    BTW, the law does not require that you be paid your sick time or your vacation time; that's a matter of company policy. You WILL be eligible for COBRA.
  • Sat, 15 Oct 2005 13:45:00 GMT(4)
  • My personal opinion is that you will qualify for UI; however, my opinion and a dollar will get you a cup of coffee. It's only the state's opinion that cuts any ice. By all means apply, though.

    BTW, the law does not require that you be paid your sick time or your vacation time; that's a matter of company policy. You WILL be eligible for COBRA.

    Well, that's the question...If I should or not. In addition, the sick/vac pay is about $1,675 worth (Before Taxes) and so that's a bit much to give up.

    But in any case, thanks for the opinion. :) I only wish I had more information.
  • Mon, 17 Oct 2005 07:48:00 GMT(5)
  • I don't think you'd get UI benefits. For why? That you're under the gun and decided to cut and run before the axe fell? While this could qualify you for UI benefits, my guess is that it has to be more than a tense conversation with a manager. That is, it has to be more like a constructive discharge, literally being pushed out the door. So far, the analogize, you're merely being shown where the door is for possible future reference.

    still, it is a bit of a quandry. do you anticipate and get the pto days paid out and quit, but risk no UI versus waiting and being more sure of UI benes but risk no pto pay-out. I'd say you need to search your finances and other opportunities, with the assumption you don't get UI under the first scenario, in order to make that decision.

    curt j.
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