QUESTION
Can my employer request a resignation letter if I have been off on FMLA for 17 weeks with no potential return date from my doctor?
Asked on May 01st, 2014 on Labor and Employment - Texas
More details to this question:
My employer has me still listed as an active employee although my position has been posted for a new rehire candidate. I would like to cash out my 401K due to mounting medical bills and difficulty paying my bills. According to my 401k organization they can’t dispense money until my employer inactivate my position in the system. My employer is saying they will not inactivate my status and the only way they will inactivate me is if I give them a letter of resignation which will then say I voluntarily quit.
3 ANSWERS
Employer may request anything they want to request you do not have to resign. If you do, no unemployment benefits for you in GA.
Answered on May 05th, 2014 at 8:32 AM
After you have used up all available FMLA, your employer may be able to terminate you which could include requesting your resignation. Immediately contact an attorney to review your situation.
Answered on May 02nd, 2014 at 8:13 AM
Bruce A. Coane
Employers often know all the rules on how to terminate sick, injured and disabled employees. Unfortunately, without qualified legal counsel, it is very easy for an employee to be terminated and left with little recourse, even with FMLA and the ADA in place. I urge employees to seek qualified legal counsel BEFORE they get fired as there are ways to preserve your legal rights.
Answered on May 02nd, 2014 at 7:56 AM