If my employer told me to get my stuff and leave and not come back, how can that be voluntary termination?

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If my employer told me to get my stuff and leave and not come back, how can that be voluntary termination?

I just got my appeal hearing letter and it says my issues are voluntary quit and gross misconduct. I don’t know what the gross misconduct charges could be either. I was never written up or given any verbal warning about any problems.

Asked on August 28, 2010 under Employment Labor Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

So you filed and were denied and you appealed.  These are the issues that will be discussed at the hearing.  Gross misconduct can be defined under the statute itself (which you can look up) or by cases that have to discuss the issue.  You can probably look these up on the Department of Labor website for your state.  Generally they usually mean stuff life stealing or drug abuse.  Voluntarily quitting is just what it says: that you left because you wanted to leave.  If you have any witnesses to the firing then I would bring them with you to testify at the hearing.  "voluntary" should also be defined on the DOL website.  It can be a good resource to get information.       


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