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  1. #1
    Join Date
    Jun 2010
    Posts
    15

    Default Forced to Resign

    California

    Here's the deal; I get up to four months of personal leave of absence pending local manager approval.

    This is for a part-time job I have in which I only work 15 hours per week.

    I do I job most of the other people there are trained to do as well,.

    I'm being denied my LOA based on Business needs; I'm coming back right before Black-out days and when the season picks up (Christmas).

    There are about fifty on-calls who are also trained to do what I do as well as many part-timers and 30 hour a week employees who want more hours.

    I'm paid above market; any replacement would cost them less.

    I find their reasoning, well, "Bullshit".

    I know what they're doing; they stated they'd hire me back for Christmas, however, I know they're going to start my pay over again and I'd be back at minimum.

    Do I have a legal recourse?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Forced to Resign

    None at all.

    No law forces them to keep your job open for 4 months.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forced to Resign

    Likewise, other than *some* medical leaves, no law requires that they allow you to take time off, paid or unpaid, at your convenience; you take it at theirs. They have no legal obligation to allow you to take a leave of absence.

  4. #4
    Join Date
    Jun 2010
    Posts
    15

    Default Re: Forced to Resign

    I understand that there's no law that requires them to give LoA, but, why have a personal LoA as HR policy at all? Say, if their argument isn't B.S., then surely, always a Personal LoA will result in a "Cost of Business", so why have a Personal LoA at all; especially one, in which I am entitled to four months due to my time with the company?

    Could this be more of an, "Unfair HR practice" than a legal violation?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Forced to Resign

    I get up to four months of personal leave of absence pending local manager approval.
    notice:

    up to

    and;

    pending local manager approval

    they don't need to have their justification approved by you.


    and if all they wanted to do is reduce your wages, they would go "hey, steve, starting tomorrow your wages are$XX.xx" They would not have to go to some elaborate scheme to reduce your pay.

    Yes, you do have legal recourse. It would be perfectly legal for you to obtain employment more to your liking elsewhere.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forced to Resign

    What's unfair about refusing to put everything on hold for you for four months?

    Even the most generous protected medical leave would not give you that much time. You have no entitlement, legal or otherwise, to a four month leave of absence and no amount of arguing is going to make their refusal either illegal or unfair.

  7. #7
    Join Date
    Jun 2010
    Posts
    15

    Default Re: Forced to Resign

    Quote Quoting cbg
    View Post
    What's unfair about refusing to put everything on hold for you for four months?.
    Nothing's on hold; they have fifty plus On-calls(they get zero hours a week) that are crossed trained in my job and would love the hours.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forced to Resign

    Doesn't even remotely change the answer, however. An LOA is not an entitlement and your employer has no legal, moral or ethical obligation to grant it. Doesn't matter whether you agree with their answer/reason or not - an LOA is a privilege, not a right, and one that they have chosen not to grant. Your options are to accept that or to find other employment that will allow you to take off for a third of a year whenever you choose to. You do not have the option of forcing your current employers to grant the leave.

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