I work for my current job more than two years now. I have an agreement with my boss to have a few months off to visit my relatives in another country. She said that I would have to give her a leave of absence and she promises me my job back after my trip.
Few days ago, I gave her my letter of leave of absence, but she told me that I have to give her a letter of resignation for my leave and she cannot promise a position when I come back.
My company is currently under restructure and has too many staff for not enough positions; that means I will definitely not have my job back. And if I resign like she said, I will not be able to apply for unemployment.
Someone told me that my boss is not allowed to tell me to quit my job for something we both had an agreement.
Is that true? Does my boss have no authority to tell me to resign?
2007-11-10 12:41:14 · 32 answers · asked by julliethj 2 in Politics & Government ➔ Law & Ethics
Don't quit. She is just trying to prevent you from being eligible for unemployment. The fact that she lied to you about the leave of absence should tell you volumes.
2007-11-10 12:46:40 · answer #1 · answered by joker_32605 7 · 2⤊ 0⤋
If you have no employment contract and are not unionized, then your employer is well within her rights.
She has probably been advised by HR for the company that she must do this (because of the pending downsizing) and had no authority to enter into any agreement with you on behalf of the company.
Look at your employment handbook. That will define if you have any rights or recourse.
You are caught in a bit of a quagmire. You want to leave for personal reasons, but want job security. Your company intends to downsize and you may be subject to that downsizing. If you leave (will be fired or have resigned) than you may not qualify for unemployment benefits. If you are there to protect your employment interest and downsized, you may have greater right to unemployment benefits.
It's not uncommon for employers to suggest you resign when they may end up terminating your employment involuntarily. It gives you an "out" to avoid having your termination listed as "fired" for cause or misconduct.
Fired people generally don't get unemployment benefits if they were let go for misconduct or not coming to work. That's not why employers and taxpayers pay into the U/E system.
2007-11-10 12:50:00 · answer #2 · answered by ironjag 5 · 1⤊ 0⤋
You need to talk to human resources right away. Family and Medical Leave Act (FMLA) allows you to take a leave of absence to care for a family member, a new baby, etc. If you are just going on a long vacation to see your relatives, your company has no obligation to let you keep your job.
A boss can advise a person to quit. Usually, the other alternative is firing the person. It is true that if you quit, you don't get unemployment, but quitting looks better to future employers than getting fired. However, your boss may be overstepping her boundaries. As well as talking to HR, you should talk to your boss's supervisor to find out what is going on. Bosses usually can't fire someone without approval from higher authorities, so she might be telling you to quit because she knows she won't be able to fire you.
2007-11-10 13:03:05 · answer #3 · answered by jellybeanchick 7 · 0⤊ 0⤋
The problem you face now is if the trip is really worth the loss of your job. All your boss has to do is deny your leave of absence, and then if you go ahead and go, list you as a no call-no show/quit without notice. Either way you lose your job and your unemployment. Your boss may be suggesting that you resign so that you will be eligible for rehire.
2007-11-10 12:57:28 · answer #4 · answered by Gray Wanderer 7 · 0⤊ 0⤋
Make sure you have a new job before quitting the old one!!! I cannot stress that firmly enough. When you do submit your resignation, BE NICE. You've invested a great deal of time with this company and that alone looks really good on a resume. You say, "I've learned a lot here... I want to thank you for the opportunity... I enjoyed working with everyone... I want to seek out new challenges and opportunities." And then ask for a letter of recommendation and don't leave until you get one. I've burned every bridge I had and really wish I hadn't. Playing politics will get you a good reference.
2016-04-03 06:28:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Was the agreement in writing? If not you're probably out of luck. You should probably try sitting down with your boss first and explain your side and how you understood the arrangement if that doesn't work you could try going higher on the chain and talk to your bosses boss. No one can actually force you to resign but they could of course fire you if you choose to leave anyway.
2007-11-10 12:48:42 · answer #6 · answered by Katie Jo 1 · 0⤊ 0⤋
If you don't have this agreement in writing from someone in the company who has authority to sign it, then you are out of luck. You won't be able to enforce it.
You wouldn't qualify for unemployment for the months you are out of the country no matter if you quit or if you are fired, since you are not available for work.
So, you have to decide whether to take the chance that they will have a job for you when you get back, or that you will be able to find another job. If not, better stay here!
2007-11-10 17:43:51 · answer #7 · answered by raichasays 7 · 0⤊ 1⤋
Well, your boss certainly can "tell you to quit" - but you don't have to do so.
You don't say where you are, though, which makes a big difference. Are you in the USA?
Most American States are "employment at will" jurisdictions, which means an employer can fire you for any reason not prohibitted by law. So if you don't quit, she can fire you. If she does, though, you'll be entitled for unemployment *IF* you are actively seeking work, and are available for it.
If she doesn't fire you, and you just decide to take f for the trip anyway, you can be fired for job abandonment which means you won't be eligible for unemployment.
Since, if you're going to be out of the country, you won't be actively seeking work anyway, you won't be entitled to unemployment anyway, so that's really irrelevant anyway.
Richard
2007-11-10 12:52:05 · answer #8 · answered by rickinnocal 7 · 1⤊ 0⤋
You may have to refer to the original agreement but, I think you or whoever told you about whether an employer can advise an employee to quit is correct. If an employer advises an employee to quit for company purposes you will still be entitled to unemployment because your employer originally guaranteed you would still have a job per your agreement.
2007-11-11 00:14:00 · answer #9 · answered by Emissary 6 · 0⤊ 0⤋
your boss is not a bad person for wanting an employee who doesnt leave for months at a time. of course they would like to replace you with a dedicated worker. if you want to keep your job dont go on your trip. or only go for 1-2 weeks only. otherwise youll probably have to find another job when you get back. good luck
2007-11-10 12:46:35 · answer #10 · answered by negaduck 6 · 1⤊ 0⤋