More details to this question:
If I'm out of work due to medical reason and I used all my fmla but still having trouble going back to work and they are asking me to resign and told me that would be the best way, since I can't apply for unemployment. Is that true or do they just not want me to file for unemployment?
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There is never a legal reason to quit. If you quit, you will almost gaurantee that you will not get unemployment. I am not saying you will get it if you do not quit, but you certainly stand a better chance if the employer fires you. Also, if you have a condition that substantially limits a major life activity, you may be entitled to a reasonable accomodation under the Americans With Disabilities Act which can include assistance with job functions to get you back to work or even leave beyond your FMLA allotment.
Answered on Dec 18th, 2016 at 3:55 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.