unvoluntary resignation

[Murofamily]

What is the name of your state? California
I was working for a hospital for a total of 7 months when I became ill. I had a doctors note that excused me from work for 3 months. (Minor surgery and recover time until December 20th). After the minor surgery my doctor informed me that I needed major surgery. I was told I was having surgery on January 24th and could return to work post 6 weeks. I gave my employer the new doctors note and they told me if I didn't return to work they were accepting my voluntary resignation. I told them I did not want to resign. Her reply was sorry you are. You can reapply for a job here when you get better. I refused, but to no avail. Can they do this? I never signed anything stating I resigned. All they did was give me my last pay check. I was a full time employee with full benefits, but because I wasn't employed there for a full year didn't qualify for FMLA. I believe they let me go so they wouldn't have to continue with medical benifits for me and my family. After the surgery my benifits were cancelled. Please help!

 

[BelizeBreeze]

Are you really this dense? The hospital let you voluntarily resign and offered you the chance to return once your medical problems are over and you want to stick your toe in the sand and be fired?

Well, I hope you get what you want

 

[Beth3]

Can they do this? Yes. As you say, you weren't eligible for FMLA. They didn't have to offer you any leave time at all. As it was, they provided far more leave time and continuation of your health benefits than they were obligated to do.

If you are unable to return to work at such time as the employer no longer wishes to provide further leave, they can consider this a voluntary resignation. Belize is right - your employer has been quite generous and is offering to rehire you when you're again available for work. In return, you're insisting on being fired. That makes no sense.