🚨 #EmploymentLaw #JobQuittingVsFiring #BreakLaws 🚨
Hey everyone! 👋 Have you ever been in a situation where you walked out of your job and later wondered if you were fired or if you quit? 🤔 Well, I recently experienced something similar and could use some advice.
Here’s a quick rundown of my situation:
– My boss was being condescending and wouldn’t let me take a break on a 9-hour shift.
– I told her I was leaving, and she said I wouldn’t have a job the next day.
– I never officially quit, but I did walk out.
Now, I’m wondering: was I fired or did I quit? And how can I confirm which one it is? 🤷♀️
Also, I live in Colorado and there are break laws, but apparently they don’t apply to childcare workers. 🤔
Any advice on how to approach this situation and potentially turn it in my favor? Any similar experiences or insights would be greatly appreciated! Let’s help each other out! 💪🤗
If you’re asking this question because you want to be eligible for unemployment, then you should just apply for unemployment. Your employer will likely tell the unemployment commission that you quit and you aren’t eligible, then your claim will be denied. Then at that point you can appeal the decision and plead your case that you didn’t really quit, you simply tried to take your required break (if this is indeed what you were doing). Then you just let the unemployment commission make their decision.
Save any receipts that might help you with your appeal and don’t lie to the unemployment commission.
Just show back up for your next shift, if you’re fired they will let you know.
When your manager refused to give you a legally required break, you should have gone to HR to report it. Not doing so is only going to hurt your chances of staying employed/ getting unemployment.
Show up for your next shift. If they tell you to leave you were fired. If you don’t show up you quit
They usually mail you a check on the next payday on the mail and a letter saying you are fired due to insubornation/walk out ETC.
Show up to your next shift. Email your employer the document at https://cdle.colorado.gov/sites/cdle/files/INFO%20%234%20Meal%20and%20Rest%20Periods%205.23.2022%20accessible.pdf. If not otherwise agreed by you you are entitled to 5 or 10 minute rest breaks. Additionally, if you are unable to be relieved of all duties you must be able to have a 30 minute rest period to eat.
If they don’t comply, contact the CDLE per that document so they can get some serious fines. If you are not paid for your eligible rest periods they count towards your hours worked and must be compensated. Maybe you can print this sheet and show up, then use some powerful verbiage like “Please review this document prior to making a decision regarding my employment. If I am fired I will be contacting the CDLE directly regarding your violations of Colorado labor law regarding both breaks and time worked compensation. The investigation that follows will likely see you facing significant fines and backpay to all affected employees.”