Fired, but they said it was my decision

[Cara Peters]

I have worked in Oregon for a company for 11 months. I had medical tests & was sick for 2 weeks, (I have genetic ongoing medical issues) & my employer hired someone to replace me. They said it was due to me missing too much work to previous sick/vacation time & said my position was the highest priority & most stressful. The owner said he had to replace me with someone who could keep up with the 40+ hours a week. They now want me to write a letter as to why I won't be returning to work, saying it's legally necessary for my file & trying to word it like it is solely my decision to not return based on my health, even though I've already been replaced. Is this legal and do I have to write them a letter? I feel like they are being very deceitful by their wording & tactics. I appreciate any help. Thank you

 

[seniorjudge]

I have worked in Oregon for a company for 11 months. I had medical tests & was sick for 2 weeks, (I have genetic ongoing medical issues) & my employer hired someone to replace me. They said it was due to me missing too much work to previous sick/vacation time & said my position was the highest priority & most stressful. The owner said he had to replace me with someone who could keep up with the 40+ hours a week. They now want me to write a letter as to why I won't be returning to work, saying it's legally necessary for my file & trying to word it like it is solely my decision to not return based on my health, even though I've already been replaced. Is this legal and do I have to write them a letter? I feel like they are being very deceitful by their wording & tactics. I appreciate any help. Thank you

It sounds to me like they want that letter to show the unemployment folks when you file.

But, I am NOT an employment lawyer so I will stand by to see what others have to say.

 

[cbg]

Nothing in the law requires that you write such a letter. However, they are not violating any laws in asking you to write one, either.

 

[Beth3]

Is this legal and do I have to write them a letter? Yes, it's legal. No, you don't have to write them a letter. Nor would I if I were you - this is a stupid request on their part. If you'd care to write a letter at all, it should say that you would be happy to return to work however you've been informed that someone has been hired to fill your position and that your employment has been terminated.

 

[Karenmck]

Beth you're wonderful with words...good thinking.

 

[Beth3]

Thanks.

 

[Impatiens]

The owner said he had to replace me with someone who could keep up with the 40+ hours a week. They now want me to write a letter as to why I won't be returning to work, saying it's legally necessary for my file & trying to word it like it is solely my decision to not return based on my health, even though I've already been replaced.

BEWARE! I'm not an attorney, but have been through this in California. It's a sneaky trick the employers use to make you ineligible for unemployment benefits. They will also try to trick you by saying that it looks better on your record if you quit rather than got fired. Don't listen to them!

Impatiens