Can my employer make me resign?
I had a simular question but this one is slightly diffrent. I am employed and have been empoled for 10 years, in a company of 20 employees. In december i had to use my my disability insurance for a mental health claim. I am allowed 26 weeks and I will exaust that. Okay, on 5/18/2010 the company updated the employee handbook and it states "If you do not return after 26 weeks after disability eligibility, you will be concidered resigned from FLCCC" today 5/7/2010 they tried to make me sign a document stating tgat i understand the updates and will follow all new rulings. Can they make me reisgn if my doctor doesn't release me until the following, with limatations being part time until sept of 2010.
1 answer | asked Jun 1, 2010 2:07 PM [EST] | applies to Pennsylvania
Answers (1)
You are not protected by the FMLA, which only requires your job be secured for 12 weeks, because your employer does not have 50 employees.
Pennsylvania is an at will state in which you can be terminated for a good reason, bad reason, or no reason at all. You cannot be terminated in violation of "Public Policy" which our courts interpret to mean statutes enacted by the U.S. Congress or the Pennsylvania Legislature. When you are terminated because of your "protected classification" (i.e. age, sex, race, national origin, disability, and in some localities gender affinity) it's called "employment discrimination," not wrongful discharge.
However, in this case, if you are unable to perform the essential functions of your job when it's time to return to work, you can reasonably anticipate being terminated.
posted by Harold Goldner | Jun 1, 2010 3:31 PM [EST]
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