forced to resign 10 days ago, retracted resignation yesterday!

[Lisaeh]

I was told to write a letter or resignation on June 18 because after maternity leave aug. 4-sept. 20, I will be taking four hours during the day graduate school. A corporate memo went out on June 5 (only after I told them of my plans to attend school, meanwhile there are two currently going to school plus both are also enrolled for fall) stating "no more employees can go to school from 8 to 5:30." I told them today about the other two females STILL planning on going to school, and they said nothing other than I could not be allowed to attend school. An attorney suggested I withdraw my resignation and make them fire me for unemployment insurance, which I did Friday so they called me in today for a meeting. They told me they were planning on doing this anyway, but next week will have legal papers drawn up that states I will bring the tv station (I'm a salesperson for advertising)x amount of money each month in, or else I will be fired with no recourse. The papers will state I understand if I do not bring that amount in I am willing to stay employed knowing I will be fired if I don't make budget every month for 90 days. By the way, out of the five sales people in Oklahoma, only one has made budget and only for the month of January.
Thanks a lot for any advice you can give!

[Edited by Lisaeh on 07-03-2001 at 04:12 PM]

 

[Lisaeh]

If anyone has any advice for this situation I would greatly appreciate it! It's the 2nd time I've posted questions regarding this issue, thanks for your help,
Lisa Elaine

 

[loku]

Asked to resign

I think you should discuss this with the attorney you spoke with again for the following reasons:

1. Unemployment insurance: You do not qualify for unemployment insurance benefits if you quit or if you are fired for cause. Therefore, the attorney was correct in advising you not to quit for that reason. However, It seems to me that if you take the graduate course during the hours the company prohibited in their June 5 memo, particularly since your proposed hours conflict with the weekly meeting, they would have cause to fire you, and if they did fire you for that reason, you would not qualify for unemployment insurance benefits. The only advantage I can think of in this respect for not quitting is that if they fire you and you apply for unemployment insurance benefits, the company may not protest your claim.

2. Family medical leave act: If your employer is subject to the Act, then you are entitled to take the time off you requested for the birth of your child. However, that would not prevent them from firing you for planning to take the graduate course during the prohibited hours. If you do not resign, then you could possibly work up to the time of the course. In which case you would be paid for the medical leave.

3. Withdrawal of resignation: I doubt they will allow you to withdraw your resignation; however, you may have a case if they do not allow it. You might be able to claim that you resigned because of their order to write the letter and that that was the same as if they fired you. If that is the case, then maybe you could have a case under the Family Medical Leave Act.

I am no specialist in this, but it seems to me that your case is weak, and that is why I suggest you bring all this up to the attorney you spoke with.