Can an employer legally force you to resign? its a little more complex read for more info?
I work for a major corporation in tinley park, il and i was out on a disability claim and my employer asks for medical documentation. Then they send you two letters saying if you don't respond we will take it as your resignation, is this legal in the state of illinois? I sent in the medical documentation and the sent me a letter saying that i resigned and to return my keycard but i thought you had to officially had to resign in the form of a letter or something in writing which i never did. Help please
P.s I did send in documentation in a timley manner and the said "we will accept your resignation" not a were firing you and I thought you had to submit a formal letter of resignation which I never did. I've been a loyal employee of 5 years and I want my job back.
- xxx000auLv 79 years ago
They are not forcing you to resign.
They are explaining that they have not heard form you in x number of weeks, if you don't contact them they will no longer consider you as employed by them.
What I don't get is, upon receiving the first letter why did you not telephone them and let them know you are in fact sick and have sent them the documentation.
I have found it wise to retain photo copies of these sorts of documents for just this reason. Managers are hopeless.
You need to telephone them and let them know the medical certificates have gone missing and ask your doctor for replacement ones.
While yes it has to be written, if an employee just stop going to work, the letter they have sent is the right thing for them to do. You stuffed up by not jumping on this when the first letter arrived.
- Michael HLv 79 years ago
They requested medical documentation, and then sent you two letters as a follow up to their request, it is not unreasonable that they could say 'listen, if we don't hear from you about this within XX days, we will just assume that you quit and aren't going to send it to us'.
Did you send in the documentation in the time frame they requested?
There is nothing saying you have to resign in writing.
- Mr WarriorLv 79 years ago
It works like this...........
They sent you a letter , requesting medical documentation of your disability claim. Obviously because you had not notified them why you were absent in the form of writing.
Since you had not notified them, and they sent you several letters of request for documentation , without you returning anything.
They by law, can consider it "abandonment of duties".
Basically not turning up to work, without notifying the employer. (lack of medical documentation)
Since you sent the medical documentation AFTER several attempts to contact you. It could be too little too late, on your part. Thus makes the forced resignation legal.
It comes down to timeline.......................
The dates, on the letters they sent you
Other attempts by them to contact you about the issue with no response
And the date on the medical documentation you submitted after finally meeting their request to send it.
Depending on laws in your area, being absent for a certain period WITHOUT notification can be considered abandonment of duties.
Its not enough, that you call your employer and tell them you are claiming disability. Voice calls and voice notification are NOT documented. It has to be backed up by medical documentation , provided to the employer by a medical practioner/doctor to prove your claim.
Otherwise they can have reasonable belief, that your simply lazy and want a few days off, thus consider it legally "abandonment of duties". Especially after several attempts to contact you for the documentation.
Edit: Timely manner means before they request it, not after.
- scott bLv 79 years ago
You are not actually being "forced to resign".That would be considered "firing" you. And you work in an "at will" state which means they can fire you for any reason at all.
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- hazelwoodLv 43 years ago
No... He can't try this... Legally he has NO status to rigidity different peoples debt directly to you. Why does not he only cancel the credit of the 'Iffy' people? Secondly... YOUR BOSS units UP the excellent factors OF the guidelines. you're IN A revenues place... To be blunt... What you sense appropriate to the guidelines has no bearing on the reality of what the corporation potential while they set out the guidelines with regard to credit. in case you do unlike how the corporation is administered, you convey your themes to the attention of administration... in the event that they inform you that they've their rules and you may desire to abide via them... then you definitely might desire to the two close your mouth and go alongside to get alongside or locate yet another pastime. as long because of fact the guidelines do no longer violate any rules, why do you sense you have the stunning, as an straight forward worker, to dictate to the corporation how they might desire to run their corporation? i will understand why the boss might get pissed off to the factor of telling you something as stupid as what he advised you while you try to dictate to him what the 'info' extremely mean. you may desire to touch the proprietors and have THEM tell the two you and your boss what the reality of the placement is... era. What you think of the excellent factors mean is, actually, meaningless... you're no longer AN proprietor. i think that he suggested what he suggested out of anger at you pestering him... yet... If he tries to deduct something different then Taxes, Garnishments, or 401K out of your paycheck... touch the dep. of exertions and document a criticism. you're no longer powerless to combat lower back if he extremely debits monies out of your paycheck... yet I doubt he will... he will likely hearth you for insubordination.
- Anonymous9 years ago
No, they cannot legally "force" you to "resign", because a resignation is by definition voluntary. They can fire you, however. In your case, it sounds like they fired you, and they are trying to call it a resignation so they don't have to pay unemployment.
- Anonymous9 years ago
If you quit rather than get fired does that affect any unemployment insurance you may be entitled to?
How long were you out of work for? Geez...I'm supposed to be answering your question and here I am asking you all kinds of questions....lol!