Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

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: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
1/3/2018
Employment Lawyer: John, Employment Lawyer replied 1 month ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,933
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?

Ask Your Own Employment Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,933
5,933 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,933 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
If you do not work enough hours to qualify for FMLA, can
If you do not work enough hours to qualify for FMLA, can your employer require you to complete the FMLA forms to access accrued sick leave? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Employer terminates for policy not trained on and is
Employer terminates for policy not trained on and is specific to apply to on hospital grounds, further hospital doesn't cite violation until 3 weeks following a FMLA leave request. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,483 satisfied customers
I have cancer and am on FMLA. Suddenly and without
I have cancer and am on FMLA. Suddenly and without discussing the matter with me my employer is bringing on a consultant to shadow me. I feel intimidated and feel they are doing this in retaliation of… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I was notified of a breach in fmla confidentiality regarding
I was notified of a breach in fmla confidentiality regarding the reason of the leave. The individual is sharing fmla medical details with my coworkers. What now? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had a heart attack on 10/23/17 and was placed on FMLA for
I had a heart attack on 10/23/17 and was placed on FMLA for 90days, however, while in this FMLA my employer terminated me on 1/31/18. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I was approved for non fmla hr approved leave of abscence. I
I was approved for non fmla hr approved leave of abscence. I filled out a form when I expressed my concern with the ada act. It was approved. Now that I became eligible for fmla I was given the same c… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
If while on FMLA leave due to an auto accident, can a
If while on FMLA leave due to an auto accident, can a supervisor state to another supervisor that they do not believe that the employee is hurt because they looked at their automobile? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Ive been out on FMLA for about a year now. I had a meeting
Ive been out on FMLA for about a year now. I had a meeting with my employer yesterday and my family doctor gave restrictions based on my job. My employer said based on my restrictions that they have n… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an approved FMLA can my employer deny my use of it on
I have an approved FMLA can my employer deny my use of it on holidays? … read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
FMLA protects job rights for up to 12 weeks. Does Worker's
FMLA protects job rights for up to 12 weeks. Does Worker's Compensation law protect or provide return to work rights beyond 12 weeks (assuming we run WC absence concurrent with FMLA absence)? (Questio… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an employee out on FMLA that was to return on January
I have an employee out on FMLA that was to return on January 3rd. They have not been in correspondence or called, returned calls ect. Their paperwork states that they would be out for 6 weeks. They st… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If an employee has fmla for bronchial issues and uses a
If an employee has fmla for bronchial issues and uses a spray agent that could trigger it when theyre not suppose to be using it anyway is that something that fmla is held accountable for? Its self in… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Settlement reached in fmla wrongful termination, deposition
settlement reached in fmla wrongful termination, deposition given fmla violation was disregarded rather my past rcords were uses to justify reasons for my termination excessive absenteeism which was d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x