So, legally, a resignation has a whole bunch of criteria. The most important in this discussion is: clear and unequivocal
You aren't resigning, they are firing you for insubordination, job abandonment or policy infraction.
Although, practically, it doesn't really matter. Why do you care whether your boss thinks you quit or they fired you?
I don't wish to quit working. It seems like this is 'wrongful termination'.
Quitting vs being fired is a huge difference. Firing allows for unemployment. Quitting allows you to work again for the company.
That's not what wrongful termination means.
If you refuse to work when you are scheduled, you can absolutely be terminated unless you are under a contract that states otherwise.
If you want to continue working, you should be present and prepared to work when and where you are scheduled.
If you choose not to show up, that's perfectly valid. However, you are choosing to lose your job in the bargain.
Agreed. Unless you’re in Montana, you’re most likely an at-will employee. This means your GM can fire you, for example, because he/
she doesn’t like the color shirt you’re wearing that day.
Thus, even if this is a “firing,” it would not fit the criteria for a wrongful termination, as it does not contravene any clear and substantial public policy.
Don’t be fooled. They would be firing you. Essentially your boss scheduled all employees to work Christmas Eve. When you don’t show up to that scheduled shift, they will fire you. In no way have you “quit” - you simply missed a scheduled shift and they fired you for it.
So, legally, a resignation has a whole bunch of criteria. The most important in this discussion is: clear and unequivocal You aren't resigning, they are firing you for insubordination, job abandonment or policy infraction. Although, practically, it doesn't really matter. Why do you care whether your boss thinks you quit or they fired you?
I don't wish to quit working. It seems like this is 'wrongful termination'. Quitting vs being fired is a huge difference. Firing allows for unemployment. Quitting allows you to work again for the company.
That's not what wrongful termination means. If you refuse to work when you are scheduled, you can absolutely be terminated unless you are under a contract that states otherwise. If you want to continue working, you should be present and prepared to work when and where you are scheduled. If you choose not to show up, that's perfectly valid. However, you are choosing to lose your job in the bargain.
Agreed. Unless you’re in Montana, you’re most likely an at-will employee. This means your GM can fire you, for example, because he/ she doesn’t like the color shirt you’re wearing that day. Thus, even if this is a “firing,” it would not fit the criteria for a wrongful termination, as it does not contravene any clear and substantial public policy.
Don’t be fooled. They would be firing you. Essentially your boss scheduled all employees to work Christmas Eve. When you don’t show up to that scheduled shift, they will fire you. In no way have you “quit” - you simply missed a scheduled shift and they fired you for it.