Concern About Ending Employment

[redvers78]

I am employed in Nevada. This job has caused a great amount of stress along with verbal abuse that has lead to panic attacks and the need for professional therapy.

I had planned to give a two week notice on the 27th as I could no longer subject my self to this.

However today I was suspended  as a result of excessive tardies. I am to be notified Thursday afternoon if I will be terminated or not.

My question is, can I deliver my employer a two week notice to quit prior to them terminating me?

If I do so can they still proceed with the termination?

[Minyomei]

Mike:  

Unless you are under a union contract or other employment contract which requires you to give 2 weeks' advance notice, you can quit your job any time for any reason.  You can give them a letter tomorrow morning saying you resign effective immediately, if that is really what you want to do.

I add that caution because if they accept your resignation and code you as a voluntary quit, it could interfere with your ability to obtain unemployment compensation from the state.  Of course, it's also possible the employer might still record your departure as a dismissal or forced resignation even if you resign, but putting in a resignation creates the risk I spoke of.  If you just let them fire you, your case for unemployment may be better.  Here is a passage from the State's website describing how the manner of termination of employment can affect an unemployment claim:

"Out of Work Through No Fault of Their Own:

Nevada reviews separations from the most recent period of work(Last Employer), and, in some case, the next to most recent work(Next-to-Last Employer).  In order to be determined to be out of work through no fault of their own, a person must be laid off, discharged(fired) for reasons other than misconduct as defined under law, or quit for reasons meeting the test of good cause under the law.  There are other provisions covering labor disputes(strikes and lockouts), retirement and leaves of absence.

If an individual has worked for their most recent employer for less than 4 months on a full-time basis, the reason for separation from the previous employer is reviewed as well.  Separation from that period of employment MAY be basis for denying benefits.

When a person has separated from the most recent period of employment(Last Employer) and in some cases, the next to most recent(Next-to-Last Employer) work for a reason other than a layoff due to a lack of work, a temporary hold is placed on the claim while the circumstances are investigated.  All parties are provided opportunity to submit information used to issue a determination of eligibility to receive benefits.  The Division representative determines if the reasons provided by the employer and the claimant allow payment of benefits.  The party that does not prevail in this process has the right to appeal to a referee for further review.

Other factors may be reviewed through this process, including, but not limited to: 1.  The individual's availability to seek and accept work; 2.  Receipt of vacation or severance payments; 3.  Refusing an offer of work; and,

4. Participation in reemployment services designed to shorten the duration of a person's unemployment."

Note that regardless of whether you resign or quit, the state will investigate the circumstances of your termination of employment to decide whether you are eligible.  Resigning because of harassment or mistreatment may well be 'good cause' to resign, and being dismissed for excessive tardiness probably will not be deemed 'misconduct', so I would guess you should be eligible in either event, but I am not a Nevada practitioner so I can't assure you either way.  I just wanted you to be aware of the potential issue.  I recommend you consult with a local attorney who is experienced in handling unemployment claims for assistance, whether you resign or are dismissed.

Here is the link to that page, which also contains quite a bit of other information about unemployment claims in Nevada:http://nvdetr.org/esd%20pages/ui%20eligibility.htm

I hope this is helpful to you.