Family leave

[James Robert]

What if: I wanted to hand in my resignation my employer orally but they refuse it orally. I attempt a written one. My employer says, "instead take twelve weeks family/medical leave. Write and request it. It will be unpaid, but, we will pay you the sick and vacation time you have accumulated over this twelve weeks." I intend to go to work for another company. Is there a legal problem with doing both?

 

[ALawyer]

It sounds as if there is something else going on. Perhaps they are really looking out for your best interests?

I'd tell them I intend to work elsewhere, and ask for an explanation. They may be great people trying to protect you from losing tenure and benefits, or they may want o keep a position open on the charts. I can't tell.

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[Attorney_Replogle]

I agree with the other attorney in the sense that you need to ask the hard questions as to why they will not accept your resign. Just for your information, in states like CA that have an at-will employment policy, you the employee can quit at any time, with or without a reason. Likewise, the employer can terminate the employee at any time, with or without a reason. The exceptions are that the termination can't be based on a protected category such as age, religion, race, etc.

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Mark B. Replogle