QUESTION

Can I be force to resign if I will not be able to work due to my illness?

Asked on Apr 02nd, 2014 on Labor and Employment - California
More details to this question:
I recently was diagnosed by my doctor for high blood pressure he placed me on medication and told me to come back for a follow up visit. My work performance has changed due to constant headaches and trouble focusing. Prior to going on I notice I had a really bad cough causing me to not sleep but it was noticeable before going on medication. I work in a call center so I would have cough spasms now and then and it would go away but it has gotten worst my doctor states it might be an infection and he placed me on some antibiotics. Now I called and texted my supervisor to advise him of the situation and that I will not be able to come in for a whole week. He never responded so I called him and he advised me that his boss said I should resign. I could not believe this I mean here I am wanting to get leave of absence so I do not bring any of my germs and also to make sure I'm capable of getting my health together and this is what things are going to boil down to be. I'm very much disappointed. I then advised my supervisor that I cannot resign and it is either you guys fire me or lay me off because I have a family and my health is going down the drain. I told him I have a note from my doctor clearly stating that I will not be able to work due to my illness and they do not get it. So now I am waiting for a response but now I'm very skeptical about going back because I might go in and they fire me anyways. I need to know can a job force me to resign and what are my options other than quitting. Thanks.
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3 ANSWERS

they can not force you to quit, but you may be discharged for absences, even if it is doctor's orders. Do note does not protect your job.
Answered on Apr 07th, 2014 at 9:43 AM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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If you are not covered by FMLA, your employer could terminate you if you cannot work due to a non-work related illness or injury. Resigning can give you the option to say that you resigned to a prospective employer but still should allow you to get unemployment. Contact an attorney if needed.
Answered on Apr 03rd, 2014 at 7:00 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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If you can't perform the job, you can be terminated. It doesn't matter to the employer why you can't, you can't. So either resign or be terminated.
Answered on Apr 03rd, 2014 at 7:00 PM

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