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My employer said I resigned when I did not

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DMC6019

New member
What is the name of your state? California
My employer is located in Fresno, CA; however, employees' retirement is through a County in southern California (company has an office in that county). In 2015, I filed a workers comp claim. In 2018, the workers comp case was settled (I received an award). Due to the Qualified Medical Examiners reports (3), which state I cannot return to my job, I filed for a disability retirement (through the County), which 2 years later is still under review (long wait to receive word from Disability retirement Board is common). Employees who are vested (have worked with the company 5 years), are 50 years are older, and as along as their hire date was 10 years ago, that employee can file for regular retirement (even if waiting to hear on Disability retirement). Since all the above applies to me, I filed for regular retirement. Come to find out, 2 weeks prior to my 10th anniversary date of hire, my employer report to the County agency that I had resigned. Because of this, the County denied my request to start receiving retirement funds (because different rules apply if an employee resigns). I have contacted the County agency, via letter (faxed), who is reviewing the matter. I have also contacted my employer (via email); and my employer has not responded. Not only could this prevent me from drawing on my retirement, it could also impact the decision by the Disability Board. Has my employer created fraud of any kind? What can I do?
 


adjusterjack

Senior Member
Sorry, but the way I see it you stopped working because you were disabled. That's a resignation. The opposite of resign is fired. You weren't fired.

Was your 10th anniversary prior to filing your WC claim in 2015, or more recent?
 

PayrollHRGuy

Senior Member
I agree it was a resignation. Specifically a resignation for a medical reason but still a resignation.

As @adjusterjack asked dates will matter. When were you hired, when did you last do work?

Stop sending emails and faxes. These issues need to be handled with real, hand them to the mailman letters. They likely should be sent via certified mail since they haven't responded.

You should probably consider talking to a lawyer.
 

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