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  1. #1
    Mianne is offline Junior Member
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    Supervisor asking me to resign and be rehired

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

    I fell ill on 4/10/12 and missed work from 4/10 until 4/23 due to that illness. On 4/23 I attempted to return to work with a physician's note, and was sent home with an ADA form that my job's HR department says I must have filled out in order to have the missed days excused and allow me to return to my position. My physician will not fill out the form because it is declaring me at least temporarily disabled (which I am not) and I've relayed that to the HR department at work. Their answer was to find another doctor who would fill out the form, and to continue to call in sick until I'm able to do so. I've now missed six additional days of work and my supervisor called yesterday to discuss my options. My performance reviews have all been very good and my quality scores (I work in a call center and random calls are graded on my customer service skills) have all been excellent, so my supervisor said that she'd like me to consider "quitting and coming back with a clean slate" so that the missed time doesn't come back to haunt me. She stated that coming back now, even with the ADA form, would result in a write-up that would put me in a precarious position and subject to termination if I get a poor performance review or quality score, while coming back as a new employee would let me start over fresh with the company.

    I like my job, I'm quite good at it, and I want to return to work as soon as possible, so my inclination is to do as she suggests. I readily admit to not being the sharpest tack in the drawer when it comes to legalities and such, though, and several of my friends and relatives have said that they think it's a really bad idea to resign without having something in writing guaranteeing that I'll be immediately rehired. Is it reasonable to ask for such a letter in advance, and would a letter even mean anything in the long run if they really are trying to do something shady or underhanded? I don't want to quit my job, but I don't want to continue be stuck in this stupid limbo where I technically have a job but can't go to work, either. Above all, I don't want to to something colossally dumb that ends up biting me in the butt later on, which is why I'm here to ask for advice.

    Thank you in advance for any insight or suggestions.
  2. #2
    OHRoadwarrior is offline Senior Member
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    They might allow you to be rehired, they might not. They apparently will not allow you to return without a doctors acknowledgement, since you appear to have quit, by not showing up for work. I suggest you quit and hope to be rehired or file for UI, hoping to receive it, while searching for another job.
  3. #3
    startedone is offline Member
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    Quote Originally Posted by OHRoadwarrior View Post
    They might allow you to be rehired, they might not. They apparently will not allow you to return without a doctors acknowledgement, since you appear to have quit, by not showing up for work. I suggest you quit and hope to be rehired or file for UI, hoping to receive it, while searching for another job.
    I would think that they would be estoppelled for using the excuse that you quit in denying unemployment BUT you will have to prove that this is what was the route to take. Send your boss an email and ask when you should quit and detail the rest of the information of the "deal" ... then when he replies it will likely be seen as an admission of the "deal"
  4. #4
    las365 is offline Senior Member
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    How long have you worked there? What was the illness that caused you to miss work?
  5. #5
    Mianne is offline Junior Member
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    I've been there just a bit over ten months now, and I was out due to appendicitis. I had an appendectomy on 4/12 and was released to go back to work on the 23rd.
  6. #6
    swalsh411 is offline Senior Member
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    The "coming back with a clean slate" nonsense is silly and only a matter of internal policy, not law. You are not eligible for FMLA so legally your employer could have fired you already. I suggest you find another doctor that will complete the form and NOT quit your job. It will damage your chances of collecting unemployment if you quit.
  7. #7
    Ladyback1 is offline Senior Member
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    You shouldn't have to fill out an ADA request form, you should probably have to fill out an FMLA request form. Big difference.

    ADA states that you have a disability, and that disability will require special considerations (missed work occasionally, work site job modifications, etc.) whereas FMLA just states why you needed the time off for a medical issue (for yourself or for family).

    Your HR seems a bit confused....
  8. #8
    ecmst12 is offline Senior Member
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    OP does not qualify for FMLA. The doctors note should have been enough, if they were going to let you come back. It would be legal for them to fire you for missing this time.
  9. #9
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    OP does not qualify for FMLA. The doctors note should have been enough, if they were going to let you come back. It would be legal for them to fire you for missing this time.
    ahhh....yes, I see where OP hasn't been employed long enough!

    Nevertheless--OP certainly does not qualify for ADA either.

    I agree the Dr's note should have been enough.
  10. #10
    Beth3 is offline Senior Member
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    I'm going to guess that the "ADA" form is probably a misnomer. Chances are it's some sort of fitness for duty form for the OP's physician to complete that would inform the employer whether the OP has any restrictions and whether he/she is capable of performing his/her regular job duties.

    As far as quitting and then being rehired with a clean slate, that's just plain stupid in my opinion. No, the OP isn't eligible for FMLA leave but under these circumstances (appendicitis), it would be logical for the employer to extend a medical leave assuming the OP is able to return to work within a reasonable amount of time. (That's still less time consuming and cheaper than for the employer to hire someone else and train them.)

    OP, I see no reason why you should resign. If the employer decides to terminate you because you're not eligible for FMLA, then that's their call to make. In the meantime, get the form filled out advising the employer whether or not you have any restrictions and then get back to work asap.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)

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