QUESTION

Can a minor be forced to resign?

Asked on Apr 10th, 2013 on Business Law - New York
More details to this question:
A young lady was asked to resign from her job due to absences related to illness. She only worked at the org. about 3 months, suffered terrible migraines, and brought in doctor's notes each time she called out. An ambulance even took her to the hospital from the job, to further prove her illness. She was asked to sign a letter or resignation, but was told that once she had medical clearance she could reapply for the job. When she tried going back for the job, no one had time to meet with her, they basically wouldn't take her back. She is 20. Was this done legally?
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1 ANSWER

Michael Stolzar
Generally, absent a contract, an employer may dismiss an employee for any reason unless doing so violates a specific legal rule. So, it is illegal to dismiss for sexual, racial or other illegal reasons. Also, certain covered employers may not dismiss certain covered employees if physical facilities are not provided in which the physically challenged employee can work. Absent a violation of one of these rules, an employer may dismiss an employee for any reason or no reason, so much more information  would be needed to make a determination in this case and a visit to the department of labor might be helpful. This is not intended to be legal advice,  and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or bit affiliated companies.
Answered on Apr 10th, 2013 at 3:39 PM

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