Skip to main content

Employer termed me before the end date of my resignation. Applied for unemployment based on this and was denied. No recourse?

Hamilton, AL |

Alabama Labor denied me unemployment based on the reason for my resignation which was because of an adversarial work environment that made it difficult for me to continue, but it was interpreted as my leaving because of being unhappy with the workplace. There was no consideration that my employer had terminated me before the end date of my resignation. Regardless of the reason I initially submitted my resignation, by terminating me eight days prior to the end; I was not left with the option of rescinding my resignation. My termination was not based on any disciplinary action but as they stated, "since I was unhappy."

+ Read More

Attorney answers 2


No, you resigned, and were not fired. They just decided they didn't want or need you around for the rest of the time you gave in advance.

The hiring of a lawyer is an important decision and one you should not make just upon reading something. While I may generally provide some helpful information and an answer to your question, this is not meant to be direct legal advice to you. If you wish legal advice, many attorneys offer free consultations on certain legal issues. If you wish to be certain about how best to proceed to protect your legal interests then I encourage you to contact the lawyer with experience in the same area of law


It is a common and widely-respected practice in many industries to terminate employees who have given notice. This practice is grounded on the employer's lack of tolerance for any risk re potential compromises of proprietary data or materials. Unemployment benefits administrators understand that principle of business necessity, and will not ordinarily rule eligible for benefits a termination predicated on voluntary resignation.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer