Unemployed: Fired, quit or terminated?

Asked about 1 year ago - Concord, NC

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I had a talk with my supervisor via text message last Sunday night. I wanted to discuss with him how I felt certain things where being handled out in the field. I didn't feel like he was listening to me and I told him that I had other opportunity and that he may consider my two weeks notice. I told him afterwards that is NOT how I wanted to word it and that I DID NOT want to quit. he told me too late. I tried and tried asking to come back. He said no. I asked him why and he told me that he didn't think that my performance was where it needed to be. He knows that I have been recently put on medication for my panic attacks and that I was trying to get used to the meds. I just want to know if my "Texting" him that two weeks notice is actually legit. I just wanted his attention.

Additional information

He also knows that I have been doing everything I can to do better at work. I was with the company for over three years. At the moment of leave, I explained to my supervisor that I have been under a lot of pressure at home due to our financial situation and that I had apologized and gave him my word I would do better. He still said no. I was never given any formal warning about my performance and he told me that he wrote me up. I never seen the write up nor signed anything.

Attorney answers (2)

  1. Contributor Level 14

    2

    Lawyers agree

    Answered March 29, 2012 06:39. Legally the only issue is whether you communicated that you quit. The method in which you communicated (in person, letter, phone, text) is not relevant. I believe that the Division of Employment Security will find this to be a resignation. In one way your text was a success. It appears to have gotten his attention.

    Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr.... more
  2. Contributor Level 20

    Answered April 01, 2012 20:56. Mr. Angel is correct, and what I have to say here is offered only with the thought that it may have some future utility for you in a different job: It is simply not good sense to try to have a discussion with a supervisor via text. It will never be a good practice; the potential for terrible misunderstandings is inescapable; and it can never be effective to be texting about such complex and nuanced issues.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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