What are job abandonment papers?

[HybridSquirrel]

what the hell are they and what do they do?


EDIT:

what happened was, i am going on vacation for a month with my family (im only 18) and they said they at first approved my vacation time, than he came to me and said well since we are short on workers i cant let you take vacation now. i said well this vacation means more to me than this job does so i am not going to work here anymore. they called my house this morning and told my mom they were filling job abandonment papers

i was a lot technician, and i signed no contract saying i need to stay for a certain ammount of time, not only that but i only worked 25 hours a week so its not like it had a full-time commitment to this job

 

[FoBoT]

what kind of job?
union?

did you formally (like in writing) notify them that you were quitting? or did you just stop going?

are you trying to get unemployment?

 

[MisterJackson]

were you in a contract with this company and did you leave without notice and/or earlier than you should have.

Me thinks you shuld lawyer up.

 

[TheGizmo]

Originally posted by: MisterJackson
were you in a contract with this company and did you leave without notice and/or earlier than you should have.

Me thinks you shuld lawyer up.

that seems to be the case. he probably quit w/o notice

 

[djheater]

Originally posted by: MisterJackson
were you in a contract with this company and did you leave without notice and/or earlier than you should have.

Me thinks you shuld lawyer up.

 

[Zenmervolt]

It's typically just one form of voluntary resignation. Generally it means that you left without giving advance notice. As long as you were not required under contract to remain with the company for a set period of time or to give a set amount of notice, there's nothing they are doing from a legal standpoint.

If you are in an "at-will" employment state (43 states are) then if you do not have a contract then they probably cannot do anything. If you have a formal contract, you may be screwed.

ZV

 

[2Dead]

My company filed those papers on a guy who left for like a month before Christmas. He's a bit older and wanted to get laid off as he was with the company for many years. They wouldn't lay him off or give him the month off so he left. He was finally fired and, a couple of months later, he tried to file for unemployment and my company filed these papers so that he couldn't collect. I'm not sure the outcome but I believe it was settled out of court.

Are you in the same situation?

 

[Beau]

What are the consequences of it? I wouldn't think there to be any legal recourse of silently quitting a job... You're not enslaved. It may just be a formality for firing you if you just stopped going to work, as something they have to do to cover their asses incase you came back at them saying they owed you pay since you never officially quit.

 

[HybridSquirrel]

what happened was, i am going on vacation for a month with my family (im only 18) and they said they at first approved my vacation time, than he came to me and said well since we are short on workers i cant let you take vacation now. i said well this vacation means more to me than this job does so i am not going to work here anymore. they called my house this morning and told my mom they were filling job abandonment papers

i was a lot technician, and i signed no contract saying i need to stay for a certain ammount of time, not only that but i only worked 25 hours a week so its not like it had a full-time commitment to this job

 

[FoBoT]

yes, it will deny you unemployment. if you quit without formal notice, you committed job abandonment so your employer files "job abandonment" to deny your unemployment claim

something like that

 

[kyzen]

I think it will make it harder for you to collect unemployment if you intended to, but otherwise, not much to worry about.

I'd also avoid using them as a reference

 

[HybridSquirrel]

i didnt work full-time so i couldnt file for unemployment anyway

 

[FoBoT]

"i said well this vacation means more to me than this job does so i am not going to work here anymore."

at that point you should have written them a letter saying "I quit"


but if you aren't trying to get unemployment, i don't think it matters

 

[TheGizmo]

Originally posted by: HybridSquirrel
what happened was, i am going on vacation for a month with my family (im only 18) and they said they at first approved my vacation time, than he came to me and said well since we are short on workers i cant let you take vacation now. i said well this vacation means more to me than this job does so i am not going to work here anymore. they called my house this morning and told my mom they were filling job abandonment papers

i was a lot technician, and i signed no contract saying i need to stay for a certain ammount of time, not only that but i only worked 25 hours a week so its not like it had a full-time commitment to this job

yea F them it shouldn't be a problem

 

[gnumantsc]

They cannot change their approval without filing proper notice. Do you have proof that they did accept your vacation request?

 

[HybridSquirrel]

Originally posted by: FoBoT
"i said well this vacation means more to me than this job does so i am not going to work here anymore."

at that point you should have written them a letter saying "I quit"


but if you aren't trying to get unemployment, i don't think it matters

i submitted a form to HR which is what i should have done according to company policy it was like a resignation sort of paper

 

[Zenmervolt]

Originally posted by: HybridSquirrel
i didnt work full-time so i couldnt file for unemployment anyway

Then you're golden.

ZV

 

[ryan256]

Originally posted by: HybridSquirrel
i was a lot technician, and i signed no contract saying i need to stay for a certain ammount of time, not only that but i only worked 25 hours a week so its not like it had a full-time commitment to this job

If this is true it looks like they are simply trying to deny you unemployment benefits. You may need to check all the stuff you got when you were hired though. You had to sign something before you got a check. You might want to go back and reread it.

 

[HybridSquirrel]

ill go back and re-read stuff. but i am almost certain part-time workers didnt have to sign our souls away

 

[FoBoT]

Originally posted by: HybridSquirrel

Originally posted by: FoBoT
"i said well this vacation means more to me than this job does so i am not going to work here anymore."

at that point you should have written them a letter saying "I quit"


but if you aren't trying to get unemployment, i don't think it matters

i submitted a form to HR which is what i should have done according to company policy it was like a resignation sort of paper

uh, then i would be confused. which is what you are i suppose

 

[Tarrant64]

Originally posted by: HybridSquirrel

Originally posted by: FoBoT
"i said well this vacation means more to me than this job does so i am not going to work here anymore."

at that point you should have written them a letter saying "I quit"


but if you aren't trying to get unemployment, i don't think it matters

i submitted a form to HR which is what i should have done according to company policy it was like a resignation sort of paper

Well if he sent a form into HR you should be set to go, right? Unless they paperwork goes "missing". I know at my past job my boss told me as long as HR had the paperwork, I was free to go whenever within my two weeks.

 

[HybridSquirrel]

yeah i dont get it either, whatever i mean it doesnt matter as long as it doesnt ****** over my personal life. if its just so i cant get unemployment than i dont care bcuz i wasnt gonna file for it anyway

 

[Whoozyerdaddy]

I don't think he needs a lawyer.

They are making the break formal. The OP must not have given formal notice of resignation. If they "fire" the OP then they have to show cause and they are responsible for his UE bennies. If they file job abandonment then they are effectively declaring that the OP quit without notice and are relieving themselves of any future liabilities in regards to the OP (continuing his insurance coverage, UE insuance, 401k contributions, etc).

I've done this a few times with employees who didn't come to work and didn't call in for a few days.

 

[HybridSquirrel]

i didnt feel i had to call since i let HR know, well i didnt have a 401k or company insurance, so i think im good i wasnt gonna hire a lawyer

 

[DrPizza]

I dunno... I've never been in such a situation, and most likely, never would be. However, if I was planning a big vacation, I'd make sure my time off was formally approved. If shortly before my vacation, I was told they changed their minds about the vacation time, then I'd tell them "sorry, I've already paid non-refundable deposits for my vacation. I'm going on my vacation. I won't be here during those days. I'll be back at the end of my vacation." Then, if I was fired over it, I really don't think they could file a job abandonment. Again, this revolves around proof that my vacation was initially approved.

Maybe my take on it is wrong - it really doesn't matter to me, because such a situation won't happen. Provided a day I want off isn't the day immediately preceeding for following a holiday, I simply need to let my employer know in advance that I'm taking that day off. It's nice to have stuff like that spelled out in contracts.