Resignation

[bug58]

What is the name of your state? Michigan
I was on STD for 6 months - returned to work by Dr. but employer had no job for me so I was put on unpaid leave of absence. A job was posted and I was offered the job - however it is located 28.68 miles from my home (1 way). My previous job (before STD) was located 5 miles from my home. I refuse the job offer because the location is to far away from my children (45 minute drive). The employer said they are considering my job refusal a resignation. I told them I'm not resigning - just continuing to look for a job at the location I've worked at for 17 1/2 years!

Is there any legal requirement that says if you refuse a job within a specific distance from your home your employer can say you have resigned???

 

[Beth3]

That's the wrong question. The question is "Is there any law that says an employer CAN'T say you resigned if you decline an offer of work because of the distance." The answer is no.

Many, many people commute 30 or more miles to work and/or have a commute time that exceeds 45 minutes. (I know people who have a commute to work of two hours each way.) Their offer of the position was not unreasonable, nor is their decision to consider your refusal a resignation.

 

[cbg]

(I know people who have a commute to work of two hours each way.)

And I am, or was, one of them.

While I now work out of my home, for many years I commuted no less than an hour and a half each way. At one point my commute was 60 miles one way. I went so far as to call the unemployment office and ask them whether I would be eligible for unemployment if I quit because my employer relocated so far from my home; they said it was possible but not definite!

I agree with Beth that the request was not unreasonable; nor was their calling your refusal to accept the position a resignation.

 

[HomeGuru]

I would agree with the employer.