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Employment Law

I am currently still employed but today is my last day of…

Customer Question
I am currently still...

I am currently still employed but today is my last day of vacation so before I return I am unsure of my rights. My employer has posted my job on indeed.com and I have not been fired. They are trying to push me to "Formally resign" what are my rights here?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Louisiana

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I am full time but at will is what I believe it is because I can quit or be fired at anytime....it is a privately owned buiness

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just don't want to return to an uncomfortable work situation where I feel I am being forced to quit so that they avoid paying unemployment.....I have heard them say this. I just don't know if I don't go back if I am esentially doing that to myself.

Submitted: 2 months ago.Category: Employment Law
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Answered in 2 minutes by:
12/14/2017
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 months ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,696
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Assuming that they're not doing this because of your race, age, religion, gender, or disability, or in retaliation for doing any protected activity (FMLA leave, filing an EEOC case, etc...) then it's entirely legal for them to do so. The first thing that you need to know is that Louisiana is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

So, in short, you really wouldn't have any rights (other than to unemployment) so long as their actions were not based upon race, age, religion, gender, or disability, or in retaliation for doing any protected activity (FMLA leave, filing an EEOC case, etc...) . It's unethical, immoral, illogical, but not illegal.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 months ago

Did you have any other questions before you rate this answer?

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Employment Lawyer: ScottyMacEsq, Lawyer replied 2 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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ScottyMacEsq
ScottyMacEsq
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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