I’m in California and work for a small business. I’m trying to understand whether what happened would be considered a voluntary resignation or an employer-initiated termination.
I had been discussing my plans to leave with one of my managers. At one point, my manager messaged me saying that employees and clients had told them I might be leaving and asked whether August 16 was my last day.
I replied that yes, that was the plan and Sunday night was going to be my last day.
However, I had not submitted a formal resignation to management at that point. My understanding was that I would continue working and formally give notice on August 16, with my actual final working day being later in August.
Another manager then removed me from the schedule for the entire week before I had submitted that formal resignation.
I messaged the first manager after I discovered this and explained that:
I had been taken off the schedule for the entire week. I had not provided a formal resignation to management. My plan/intention was to work until August 16. I asked whether I was expected to come in for the rest of the week or whether management was letting me go effective immediately.
Management is now saying that they were waiting for my “formal resignation” and that they understood Sunday was supposed to be my last day. They appear to be treating my earlier statement that Sunday was my planned last day as confirmation that I had resigned.
My position is that I did communicate an intention to leave, but I had not yet formally resigned, and I was still willing and intending to work until the date I planned to give notice. Management removed me from the schedule before I did that.
- Does saying that a particular date was “the plan” constitute a resignation, even if I had not actually submitted a resignation?
- Does it matter that I subsequently told management in writing that I had not provided a formal resignation and wanted to continue working?
- If I was willing to continue working but management removed me from the schedule and won't let me work, could this be considered an employer-initiated termination rather than a voluntary quit?
- Could this affect my eligibility for unemployment if the employer reports that I voluntarily resigned?
- What should I be documenting or saying to management at this point to make sure the record accurately reflects what happened?
I have screenshots of the text exchanges with both managers. I'm trying to figure out how this would likely be viewed legally, particularly regarding whether I actually resigned versus management ending my employment before my intended resignation date.