My boss asked me to meet with his HR advisor for a "discussion" the day before I was supposed to return to work from FMLA leave. During our meeting, the HR Advisor let me know that my boss has asked him to let me know that he would like me to submit a voluntary resignationas I had missed too much work (2 weeks). He felt that a voluntary resignation would help us "part ways on good terms".
I was caught by surprise of his request because he has given me several promotions during my tenure there and was always satisfied with my work performance. I am feeling uncertain on how I should handle this. Any advice?
Thank you in advance!
FMLA? Ohhh no; that’s a lawsuit waiting to happen. Trust me, I know. I found out the hard way. Diagnosed with breast cancer and didn’t miss much but for surgery. I needed accommodation and by law, they are required to comply unless it severely disrupted operations. I’m a nurse and, it would have disrupted clinical hours. Thing was; I worked for the county hospital... no shortage of roles for temporary reassignment. I honestly felt and knew it was wrong but I was so upset, I resigned. Bad call for me on my part. Can I sue? Yes. Obviously, because I work for the county and, no lawyer who works in the county wants to prosecute them; I would have to find a lawyer from another county. After treatment and disability; I don’t have the funds to do so. Not to mention, I am still pretty ill. In essence, they are getting away with it and it is 100% against the law.Discrimination, harassment, you name it; please, do not do it!
Dont do it!!! Its just pretty much saying “we just going to let her screw herself”. They are asking you to do this because they cant fire you ILLEGALLY because you was out for FMLA. Do NOT DO IT!
I definitely wouldn't do this. It would keep you from getting unemployment. Laws are tricky for termination with FMLA in the picture and they are trying to prevent a lawsuit.
If you were to resign, that would affect your unemployment insurance. Let them lay you off so that you can still receive an income without stress.
Tell the boss, if he wants you gone, then he has the power to make you gone. Sounds like HR or Legal has been pushing him for you to sign something. Remember, you look out for you. Sounds horrible, but business is business, and it can be dog eat dog. Even with that in mind, we all can still be respectful in our dealings in life. Being polite is free.
It seems like he has someone else in mind.
Hi Nata, it’s disheartening! If you need to stay in good terms for your future, try to negotiate 1) get the why 2) get a very good recommendation stating your accomplishments and attitude as well as your strongest skills. If you don’t care about the relationships, seek advice with a union representative. Good luck and reflect on what you have learn going through this situation, it will make you stronger.
Sure. If you quit you can't collect Unemployment benefits also his Unemployment insurance won't go up
Don't sign anything get an attorney I did and won 17,000.00
If you choose not to go the legal route above, it is much better to be laid off than to resign. At least with the layoff you may be entitled to unemployment compensation if your employer paid into the insurance. Not wanting to have their unemployment insurance premiums to go up may be one of the reasons they are encouraging you to resign