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  1. #1
    Join Date
    Jul 2005
    Location
    Wisconsin
    Posts
    2

    Default Resignation or Being Forced out

    My place of employment is being taken over by new ownership and they want us to "reapply" BEFORE even knowing if all our benefits are remaining the same. Because of this I do not wish to reapply and need some advice on a "resignation" letter. I don't feel I'm resigning, rather being "forced out". How do I word my letter without admitting I'm resigning. (But in a professional manner). Also, is this even legal for her to do, not telling us the terms of our employment. We do not believe we will be recieving the same benefits, actually we are convinced we are being stripped of them. THANKS

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Resignation

    You can word it however you wish - if you aren't being terminated, it is a resignation.

    Are you an at-will employee? If so, the employer can bring your employment to an end in your former capacity, and effectively rehire you in a new capacity. Or the employer can change your conditions of employment, and deem your continued acceptance of employment to be an acceptance of those new conditions.

    If you believe your employer is doing something unlawful, you should have your situation reviewed by a plaintiff-side employment lawyer.

  3. #3
    Join Date
    Jul 2005
    Location
    Wisconsin
    Posts
    2

    Default

    Thanks for the response. We are being terminated Aug. 22 and she wants us to reapply by Aug 1. I, along with a few others are not wishing to reapply because we will not be recieving the same benefits as before. (health, dental, vacation, sick time etc.) She's changing it all and we are losing out. (We've been there almost 8 yrs. and its a big step backwards.) So, we are choosing not to reapply. She isn't a very trusting woman, so we are covering ourselves more or less. Would you happen to know if unemployment would be an option in this circumstance, since we are not being offered the same as before? I don't want to admitt to resigning because I don't feel we are. It also doesn't look good on our records saying we were terminated. She's giving us the run around everytime we ask her a question. Thanks.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Reapplication

    If you decline to apply for a new position, and your former position is terminated without your being offered a new position, you would likely qualify for unemployment. You can verify that with your state's unemployment agency.

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