• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

So, Am I being fired or do think think that I have quit?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

erinh

Member
What is the name of your state (only U.S. law)? Michigan

I am paid as a salary employee at my current job at a catering company. My job consists duties which as contrast heavily in physical activity. For certain parts of the day I am expected to lift heavy items, do deliveries, dishes, grocery shopping ect. While other parts of my day consist of answering phone, email and general office work. I don't not have a set time that work begins or ends every day, I simply come in whenever I am told that I am needed & leave whenever everything that want me to do is done.

This past friday I put in my two-week notice at my job. After doing so all of the passwords on the email, calendar and phone were changed rendering me incapable of doing the office duties for the last two-weeks of my job. That Saturday I became ill and was admitted to the ER. Due to my illness my doctors excused me from work for a whole week (1 week of the 2 week notice I gave them). Throughout my illness I have been more than diligent in communicating my progress and I have provided my employers the doctors notes that "their accountant required of me".

My doctors have cleared me to return to work tomorrow (Monday), however due to my condition & the medications I am on there a certain restrictions as far as what I am able to do; my doctor advised me against driving & lifting heavy items which is half of my job duties. I have communicated via phone (voicemail since they don't answer), email, and text to my employers numerous times throughout this week and I have not gotten any responses from them.

Today I called and left a voicemail trying to touch base with them and see when they need me in for work and what they would like me to work on within my restrictions. My boss texted me back that her husband was in the hospital and I would need to come in on Friday to "wrap everything up" and "return keys". As she was preoccupied with her husband I texted rather than called her back to ask yet again what time she wanted me to come into work tomorrow and what needed to get done within my restrictions. I have NOT gotten any response! I am confused as to if they think that because I was Ill that they can just count that as me quitting (and they don't have to pay me my salary), or if they are trying to in-directly fire me due to my limited abilities.

So what I am suppose to do? - Go into work at whatever time I choose and hope that someone is there (no-one keeps consistent office hours) to given me direction and tell me what needs to be done? OR are they not expecting me at all. There actions and communication just seem shady to me.
 


ecmst12

Senior Member
You have quit regardless. They can accept your notice of resignation early and it appears that is what they are doing.
 

erinh

Member
You have quit regardless. They can accept your notice of resignation early and it appears that is what they are doing.
Yeah, thats what I thought it seemed like they were doing as well. But their communication have been quite lacking so I wasn't completely sure.
 

erinh

Member
They are not required to make light duty work for you. Apparently you are not ready to go back to work.
no, I was just under the assumption that they were required to make reasonable accommodations for tempoary medical restrictions.

I am merely trying to finish up my two weeks notices and contribute as much as I can during the transition. I honestly feel bad that my illness took place at this time and I wanted to make sure that I can do as much as I can to set them up before I leave.
 

OHRoadwarrior

Senior Member
There is a difference between a reasonable accommodation and a new job.

no, I was just under the assumption that they were required to make reasonable accommodations for tempoary medical restrictions.

I am merely trying to finish up my two weeks notices and contribute as much as I can during the transition. I honestly feel bad that my illness took place at this time and I wanted to make sure that I can do as much as I can to set them up before I leave.
 

erinh

Member
There is a difference between a reasonable accommodation and a new job.
ok.

again, I merely wanted to finish out my employment with them on as good of note as I could. If my employers didn't want me to do so they could have simply said otherwise and I wouldn't be here asking everyone**************.....

thanks for the help.
 

justalayman

Senior Member
erinh;3212900]no, I was just under the assumption that they were required to make reasonable accommodations for tempoary medical restrictions.
they aren't. If you are not capable of performing your job duties, they can simply tell you to stay away from work.


I am merely trying to finish up my two weeks notices and contribute as much as I can during the transition. I honestly feel bad that my illness took place at this time and I wanted to make sure that I can do as much as I can to set them up before I leave.
fair enough. It didn't sound like your employer expected you to come in until next Friday to close out your remaining issues.

My boss texted me back that her husband was in the hospital and I would need to come in on Friday to "wrap everything up" and "return keys"
 

cbg

I'm a Northern Girl
Actually, they have no obligation at all to make accommodations for temporary conditions. It's permanent (or at least long lasting) ones that they have to accommodate - and not even always then.

You quit.
 

Dave1952

Senior Member
I see the facts very differently from the other participants. You are a salaried employee and you do not have set hours. You come in when you are needed and do what needs to be done. You have given 2 weeks notice. You then became ill and missed a week of work. You called in as appropriate and obtained doctor's notes as requested. You called this week to find out your work schedule. You were told to come in on Friday to turn in your keys.
They have not, as yet, ended your employment. You are entitled to receive pro-rated pay through this coming Friday. Hopefully they'll have coffee and cake, too.
They could have fired you when you became ill but they did not. The request for doctor's notes clearly indicates that you were not fired.
 

Dave1952

Senior Member
I'm not reviewing the law, I'm looking at the reported facts. Here's what I see. No one has told the OP that he is fired, so he is not fired. The OP seemed to comply with the company sick policy while he was sick. The OP called for his week's work schedule as usual and his assignment is to come in on Friday to return his keys. The OP has not been fired because no one in authority has said "you're fired". The OP will quit on Friday because the OP turned in a resignation for Friday.
One might speculate That the OP received a really light work schedule this week because oh his illness but that doesn't change any of this.
 

Zigner

Senior Member, Non-Attorney
You are entitled to receive pro-rated pay through this coming Friday.
Specifically, under what law do you feel the OP is entitled to pro-rated pay?

ETA: Are you saying that the OP should be paid for any time worked, but not for time not worked?
 

Dave1952

Senior Member
I don't understand what CBG wants. Zigner's question is clear. I believe the answer is Public Act 390 sec 5(2). The OP must be paid what he has earned though some delay of the final check is ok. The OP will have worked through Friday. The OP is employed by a caterer. I bet there will be really good cake on Friday.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top