Employment Law

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I got approved for 3 weeks time off last month and i got my…

Customer Question
I got approved for...

I got approved for 3 weeks time off last month and i got my ticket and hr told me just one week before my trip I should resign

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes they told me there’s nothing that they can do

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

Full time

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

If I don’t resign am I gonna get fired

Submitted: 4 months ago.Category: Employment Law
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Answered in 3 minutes by:
1/3/2018
Employment Lawyer: John, Employment Lawyer replied 4 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime, you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for "just cause" (as opposed to “at will" employment which is the default employment condition)? Do you think the manager who asked you to resign you had an ulterior motive, perhaps your age, race, gender, disability or religious beliefs? Why are they asking to resign?

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Customer reply replied 4 months ago
My manger is ok with my time off she didn’t ask me to resign but hr told me they can’t hold my position for me so I should resign im working at Nordstrom for 7-8 months
Employment Lawyer: John, Employment Lawyer replied 4 months ago

The problem here is that you've only worked for them less than a year. When you've worked for them less than one year, you do not have return to work rights under the FMLA to be returned to your job. So while it is strange that they would both approve the time off but terminate for the same reason, it is legal. It would be best to resign so you avoid having a termination on your record. Likewise, it may be the case that you have the ability to be rehired if you resign but not if you are terminated; so consider resigning.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
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