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Quit versus fired Oregon (Employment & Labor Law)

Thu, 25 Sep 2008 20:19:00 GMT

On Tuesday my wife finished her shift at work and later that evening she received a call from her manager stating that for her scheduled shift on Thursday someone else would be working for her, and she would need to come in at 7:00 am for a meeting. Well this was somewhat of a red flag because in the 2 years my wife had worked for this company they had never done anything like this. So we talked it over and it seemed that it would be in her best interest to call and quit before possibly being fired.

On Wednesday the day before her "scheduled" meeting with her manager she called and gave the manager her notice of resignation. The manager accepted the resignation but still wanted my wife to come in the following morning to pick up her final check and turn in her ID card.

After this meeting that she had today the manager calls and says that she did not quit, she was terminated because the store and district managers had already made the decision to terminate prior to my wife submitting her resignation.

My question is since they did not inform my wife that she was to be terminated before she submitted her resignation did she in fact quit, or was she fired?

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  • Thu, 25 Sep 2008 20:25:00 GMT(1)
  • Fired. Which is better for filing for unemployment.
    JoeC
  • Sun, 28 Sep 2008 11:41:00 GMT(2)
  • There is no law prohibiting an employer from saying, you can't quit, you're fired, or something like that, if that is what you are asking.
  • Thu, 25 Sep 2008 20:43:00 GMT(3)
  • She still can nothing changes that.
    JoeC
  • Thu, 25 Sep 2008 21:12:00 GMT(4)
  • Whether they decided to fire her or not, she told them she quit first and because she quit they never told her she was fired because she had already quit! Then after the meeting was over the manager called her on the phone and said "nope sorry you're fired" after already accepting her resignation. That just doesn't seem quite on the level to me.
  • Sun, 28 Sep 2008 11:37:00 GMT(5)
  • I will have her write down what actually happened and I think I'll have her request a written statement of why she was terminated from her employer. Does anyone know if there is a law or statute that would determine if her employer can actually tell her she is fired after she resigned?
  • Thu, 25 Sep 2008 21:00:00 GMT(6)
  • It might be better to say that, but if they find out otherwise, what has she gained? Her credibility at that point is zero!
  • Thu, 25 Sep 2008 20:31:00 GMT(7)
  • She doesn't want to file for unemployment she wants to be able to use the last 2 years with this company on her resume. It looks better saying that she quit instead of being fired when looking for a new job.
  • Thu, 25 Sep 2008 21:12:00 GMT(8)
  • Depends why she got fired some people are fired for arbitrary reasons others are fired for some really bad things. Like theft, violence, lyeing to supervisors these things would cause problems. Fired because of a supervisor change could be viewed as personality conflict.
    JoeC
  • Thu, 25 Sep 2008 20:52:00 GMT(9)
  • Right, but when she's sitting in an interview and they ask "why did you leave your last job?" isn't it better to say that she voluntarily left instead getting fired?
  • Thu, 25 Sep 2008 23:31:00 GMT(10)
  • Did they give her a reason as to why they fired her or does she have any idea why they would want to let her go?
  • Fri, 26 Sep 2008 04:34:00 GMT(11)
  • Either way, she's going to need to include this employer on her resume. A gap of two years would invite questions, anyway.

    Honestly, I see it as a quit and if nothing else, she should document the events for her own records. Then, if the employer provides different information to a prospective employer, she would at least have the facts as they occurred, available to her.
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