• 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.

voluntary or involuntary leave?

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

gloriayi

Junior Member
What is the name of your state? NY
I was an full-time at-will employee. I took an extended leave of absence for 8 months. A couple of months before the expiration date of my leave of absence, I started to express my desire to come back to work and submitted a reinstatement request through my direct manager. Though the request was approved by many levals of managers, due to some business / financial considerations, it was rejected by a senior level manager. Hence, the employment relationship between my employer and me was formally terminated.

When I applied to the leave of absence, I was told that my position was not guaranteed upon return. However, neither does the leave of absence policy state a connection between failure of reinstatement and a voluntary leave, nor did any one, manager or HR personel, mentioned to me the potential of a voluntary leave. In other words, I was not aware that no mather what the reason of a failure of reinstatement, I would be facing a voluntary separation from work.

In my situation, since the reason that directly causing the failure of my reinstatement was some company's business need, should it be considered voluntary or involuntary separation?What is the name of your state?
 


Beth3

Senior Member
You may call it an involuntary separation if you wish to; the employer is free to consider it a voluntary separation. (Eight months is a LONG time to be gone and assuming the FMLA even applies, five months more than they were required to extend to you.)

Are you asking for unemployment reasons? If so, I suggest you just apply for benefits and let the State work it out. Chances are you will not qualify even if they rule you would otherwise be eligible simply because you haven't worked and received wages for such a long period of time.
 

Find the Right Lawyer for Your Legal Issue!

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