laid off, company now requests resignation

[maryks]

What is the name of your state? KS

The company I worked for 5 years discontinued my employment in Oct due to lack of funds, with the understanding that if funding was better by Feb, I would get regular hours back, and that I could be a substitute employee in the meantime (I'd get called in if others were sick and etc). I have worked maybe 20-30 hours for them in the past 5 months under this understanding.

Now, they are "requesting" a letter of resignation. They say if I don't send one, that they will place a letter of termination into my file, and that such a letter could have adverse affects on me. This was in an e-mail, which I am saving, by the way.

Are there legal ramifications if they carry out this "threat"? Are there ways I can thwart it?

 

[pattytx]

A resignation is a voluntary termination. A discharge is an involuntary termination. Why should you resign? It could affect your ability to get unemployment benefits. If they want to terminate you, let them do it. What do they say they are going to put on the "letter of termination"?

 

[maryks]

They didn't say. This is the wording: "I am sorry that I am the one that has to bring this matter to your attention. [supervisor] needs a letter of resignation from regular employment. He told me that they are preparing new
contracts and told him to get one. He said your file requires a document and it will either be a letter of resignation or a notice of termination and that a letter of resignation would look better."

Its hard telling what could be on the termination letter. Generally, if this supervisor contacts me, or worse (as in this case) has someone else contact me, it means I need to watch my back.

 

[shell007]

Keep/make copies of all of these letters from your employer. I would not resign if I were you.

Let them do what they have to re: termination etc.

When you go to get another job, if there is a problem, you can explain the previous situation and show them the correspondence of your previous employer. It will then be pretty apparent that YOU did nothing wrong.

Oh yeah...make sure you collect ALL of your unemployment benefits.

 

[Beth3]

They say if I don't send one, that they will place a letter of termination into my file, and that such a letter could have adverse affects on me. Such as? A letter of termination simply means that your separation was involuntary. In this case, it was due to lack of work. There are no negative consequences from that.

If you feel compelled to comply with their request for some reason (and you certainly don't have to), you can always write something to the effect that "per ABC Company's request, you are tendering your resignation due to lack of available work, as you have only worked 20 - 30 hours over the past five months." That certainly makes it clear why you are resigning and that you're not quitting of your own volition.