Employer may be trying to terminate me when I put in my 2 weeks notice?

[april12]

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

First of all, I have a union and I work for the state. I put in my 2 weeks notice and I do have FMLA on file for a family member who had a brain injury. After putting in my notice, this family member did have some "complications" and need treatment. I had some pre-approved personal time already, and I did call off FMLA. I had an email from human resources asking if I was going to return to work, because if not my notice would be my last day. I replied & told her that I was, but I did have pre-approved personal time & I had some FMLA family member complications. (I don't want to go into detail on this board.) I believe my employer is trying to fire me because I am hearing from other employees that I am not allowed back to work & I went to email human resources today, and my work email has been deactivated. If so, they will be sending me paperwork to sign. Can they do this? What should I do?

 

[TheGeekess]

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

First of all, I have a union and I work for the state. I put in my 2 weeks notice and I do have FMLA on file for a family member who had a brain injury. After putting in my notice, this family member did have some "complications" and need treatment. I had some pre-approved personal time already, and I did call off FMLA. I had an email from human resources asking if I was going to return to work, because if not my notice would be my last day. I replied & told her that I was, but I did have pre-approved personal time & I had some FMLA family member complications. (I don't want to go into detail on this board.) I believe my employer is trying to fire me because I am hearing from other employees that I am not allowed back to work & I went to email human resources today, and my work email has been deactivated. If so, they will be sending me paperwork to sign. Can they do this? What should I do?

Sure they can. While a two week notice to your employer is a courtesy, they can escort you out the door as soon as the words 'I am leaving' come out of your mouth.

Well, unemployment is not an option, as you've quit the job. So, a job hunt is your only option, unless you left for another job.

 

[april12]

Wouldn't they be firing me for taking FMLA then if I am supposed to be returning to work next week? Would I be better off just resigning now?

 

[commentator]

Speak to your union representative and they will explain the legality of the situation to you. State HR's are very structured and have a very formal way of doing everything they do. They are probably not going to TERMINATE you in the negative sense of firing you and saying you have been terminated as in they "fired" you. But "termination date" is the term they use for "end of your employment" no matter what the circumstances. That does NOT mean they are going to have records that state, or that they are going to tell future employers that you were fired for cause. It will probably be "resigned." The thing is, once you give notice, you do not get to select the day you are actually terminated. As it has been pointed out, they are the ones who decide when your last day will be based on their policies.

Once you give notice, they will determine what your last day should be, given your FMLA cancellation, your current leave status and the date you told them you were leaving. And you'll be paid out for unused personal days in accordance with whatever their policy for doing this is. If you don't want to discuss this with HR, which would probably be very happy to explain it to you, talk to your union rep and let them explain it.

 

[april12]

Thank you!!!

 

[Chyvan]

unemployment is not an option, as you've quit the job.

This isn't always true. While I don't know the specific rules for OH, in many states an employer can turn a "quit" in to a "discharge" by pulling this stunt.

 

[OHRoadwarrior]

I concur, they generally can and will accept your resignation effective closer to the date you put it in to avoid potential behaviors not in the companies best interests, like taking paid days off or sabotaging information you have access to.

 

[cbg]

Wouldn't they be firing me for taking FMLA then if I am supposed to be returning to work next week? Would I be better off just resigning now?

They're not firing you at all. They're accepting your notice early. You're the one who said you were leaving - they're just adjusting your last day to their convenience. Which is perfectly legal.

Depending on your state's laws you might or might not be eligible for unemployment for the period that you were planning to work and did not, but they're not violating any laws, by a long shot.

 

[april12]

I was never told that I was fired. After my resignation date, I did receive a COBRA benefits letter that stated that I was terminated... I was told that the word "terminated" is just standard language by human resources. Is there something I can request in writing from this employer? I'm afraid that if I use them as a reference in the future they will either say I was terminated (when I wasn't) or that I did not give them a full notice (which I did, but I was also using FMLA). Sorry if this sounds confusing.

 

[Proserpina]

I was never told that I was fired. After my resignation date, I did receive a COBRA benefits letter that stated that I was terminated... I was told that the word "terminated" is just standard language by human resources. Is there something I can request in writing from this employer? I'm afraid that if I use them as a reference in the future they will either say I was terminated (when I wasn't) or that I did not give them a full notice (which I did, but I was also using FMLA). Sorry if this sounds confusing.

Re-read cbg's response.

 

[eerelations]

The word "terminated" applies to both resignations and dismissals. It is a legal term that means your employment with the company has terminated. If the word "terminated" hadn't been used in the COBRA documents, you wouldn't be entitled to COBRA benefits because it would be assumed (legally and correctly) that you were still employed by your former employer. There is no way you will be able to change this word because it is legally accurate and required in legal documents (such as the COBRA forms).

While it is a standard word, it is not HR lingo. It is legalese. HR uses it because they must.

 

[Zigner]

I was never told that I was fired. After my resignation date, I did receive a COBRA benefits letter that stated that I was terminated... I was told that the word "terminated" is just standard language by human resources. Is there something I can request in writing from this employer? I'm afraid that if I use them as a reference in the future they will either say I was terminated (when I wasn't) or that I did not give them a full notice (which I did, but I was also using FMLA). Sorry if this sounds confusing.

The word "terminated" doesn't mean what you think it means. Any time that you leave a company, your employment is terminated. It may be a voluntary termination (ie: you quit) or an involuntary termination (ie: you were layed off or fired), but either way, your employment is terminated.

 

[cbg]

I was never told that I was fired. After my resignation date, I did receive a COBRA benefits letter that stated that I was terminated... I was told that the word "terminated" is just standard language by human resources. That is true. "Terminated" means you no longer work there - it is not a synonym for fired.

Is there something I can request in writing from this employer? You can request anything you want. In your state they are not obligated to comply.

I'm afraid that if I use them as a reference in the future they will either say I was terminated (when I wasn't) No, you were not FIRED. You WERE terminated - quitting is a voluntary term. I promise you, whether you recognize it or not, any HR person worth their salt knows the difference, and the same for most hiring managers.

or that I did not give them a full notice (which I did, but I was also using FMLA). Sorry if this sounds confusing. "Full notice" is what they say it is, not what you say it is. However, there will be more than enough time to refute such a statement when and if one is actually made.

Please see my notes above.