[2138 cello]

My husband worked for a charter school as an at will employee. However, he is told at the beginning of the school year what the dates are that he is to work, what his salary is, and they begin to pay him in July even though he doesn't start to work until September. He was effectively fired and told it was because he was lying and unwilling to follow instructions. He was then told that he had 1 week to tender his resignation or his record would reflect that he was fired. He was also told by the employer that he would be allowed to file for unemployment.

We don't know what to do. Should we write the letter to save his record record? But if we do, I don't think he can collect unemployment. She also did not give him anything in writing and there was no witness. She is telling others that my husband quite, but that is not true. The day she fired him, she changed the locks on the building and locked him out of his email and voice mail. There is an employee handbook that states all employees are at will. However, it also says that if there is a problem with the employee's work that the employee will be told about it and given the opportunity to correct the problem. My husband was just told he was a liar and refused to do what was asked of him.

[GlindaofOz]

Since you are an "at will" state they could fire him for tearing erasers off pencils if they wanted to. Typically when the policy is to work out the problem prior to termination that policy can be thrown out the window if the supervisor feels that the situation is severe enough. The supervisor may have been trying to work out these problem with your husband and he may have been unresponsive. The only people who know for sure are your husband and his supervisor. Or the school may feel that his behavior merited termination and was not worth resolution.

I would get in writing from the supervisor that they will not contest his unemployment so that way he will be safe. Many people think if you quit you cannot collect unemployment that's not true. You can only not collect unemployment if the company contests it. I would write the letter and save his reputation in his file.

[Fr_Chuck]

No there is no legal case, since he was a at will employee, they could have just fired him, They are being nice and saying he quit, that is very nice on their point.

Beyond that follow what Glinda said.