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Employer Wants Me to Sign Resignation Letter

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  • 02-25-2011, 08:00 AM
    angrynurse
    Employer Wants Me to Sign Resignation Letter
    My question involves labor and employment law for the state of: pa

    I have been on FMLA which is about to expire. I am still unable to return to work for another 6 week after having surgery. My employer states I need to sign a resignation letter to be transferred to the sub list. If I sign the resignation letter I am still not guaranteed to be put on the sub list. I dont have a problem being put on the sublist if I was sure they would approve this.
    I am aware of a few other employees who were out on FMLA much longer then I have been and they were not made to sign the resignation letter. They were however placed on the sublist.
    Do I sign the resignation letter and ask to be transferred? If the transfer is denied can I collect unemployement even though I signed a resignation letter?
  • 02-25-2011, 08:13 AM
    cbg
    Re: Employer Wants Me to Sign Resignation Letter
    I can't make that decision for you. What I can tell you is that (1) your employer has no legal obligation to hold your job (or any job) for you once your FMLA has expired and (2) you cannot collect UI until you are medically cleared for work, regardless of whether you sign a resignation or not.

    You need to make the best decision for you, but we can't tell you what that will be.
  • 02-25-2011, 09:03 AM
    angrynurse
    Re: Employer Wants Me to Sign Resignation Letter
    Quote:

    Quoting cbg
    View Post
    I can't make that decision for you. What I can tell you is that (1) your employer has no legal obligation to hold your job (or any job) for you once your FMLA has expired and (2) you cannot collect UI until you are medically cleared for work, regardless of whether you sign a resignation or not.

    You need to make the best decision for you, but we can't tell you what that will be.

    I understand I will not be able to collect UI until I am medically cleareded to work, my question, will I be able to collect even if I sign the resignation letter?
  • 02-25-2011, 09:36 AM
    antrc170
    Re: Employer Wants Me to Sign Resignation Letter
    The company will certainly use the resignation against you in UI proceedings. Unless you truly intend to resign, I suggest that you do not sign the document.
  • 02-25-2011, 09:40 AM
    cbg
    Re: Employer Wants Me to Sign Resignation Letter
    If you are asking whether the resignation will automatically disqualify you, it will not. The UI office will take the circumstances into consideration.

    But neither can I guarantee you that it will be entirely disregarded.
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