DIGEST OF ADJUDICATION PRECEDENTS VL
VL-21 (02/08)
ISSUE/DIGEST CODE Voluntary Leaving/VL 135.4
DOCKET/DATE ABR-90-7139/10-15-90
AUTHORITY Sections 601A and 602A of the Act
TITLE Discharge or Leaving
SUBTITLE Resignation Intended
CROSS-REFERENCE None
During a discussion with the employer's manager about pay, the claimant gave two weeks' notice that he would quit. Following the
discussion, the claimant engaged in behavior that disrupted the workplace. The manager informed the claimant that the employer
would forego the two week notice period and that he should leave immediately.
HELD: A discharge occurs when a worker is given no option to remain employed. A voluntary leaving occurs when the worker
chooses not to remain employed. Whether a worker has an option to remain employed or chooses not to remain employed is
determined by examining his and the employer's words and actions.
Here, the claimant gave two weeks' notice that he would quit. But the two weeks was a formality and not an expression that the
claimant actually intended to work two more weeks, as evidenced by his disruptive behavior. This was a voluntary leaving.
ISSUE/DIGEST CODE Voluntary Leaving/VL 135.4
DOCKET/DATE BR91921/9-20-89
AUTHORITY Sections 601A and 602A of the Act
TITLE Discharge or Leaving
SUBTITLE Resignation Intended
CROSS-REFERENCE MC 135.1, Discharge or Leaving
The claimant, an administrative assistant, worked from 9 to 5, then requested a change to part-time hours, noon to 5, because she
wanted to work mornings as a trader at the Board of Trade. Her supervisor agreed to a 30-day trial period. After 30 days, on
February 9, the supervisor told her that he really needed a full-time administrative assistant.
At that February 9 meeting, both the claimant and her supervisor became upset. The supervisor told her that she had until February
11 to make up her mind. After the claimant left for the day, the supervisor removed the claimant's work from her desk and cleaned
off the desk-top, including removing her computer. On February 10, the claimant called in sick. When the claimant reported to
work on February 11, she saw that her desk had been cleaned out. A secretary told her she was fired.
HELD: An individual is discharged when the employer takes the action that results in her unemployment and she does not have a
choice of remaining employed. An individual leaves work when she has a choice of remaining at work, but takes the action that
results in unemployment.
Here, the claimant's desire to try part-time hours was not the cause of her unemployment. The employer took the action that
resulted in her unemployment. When the supervisor cleaned out the claimant's desk, the claimant no longer had any choice. This
occurred on February 9, pre-dating the claimant calling in sick on February 10, as well as the February 11 ultimatum date, so
whatever the claimant might have intended on those subsequent days was irrelevant.
This was a discharge, not an intended resignation.
