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If I can't go back to work after FPML. Is it a termination…

If I can't go...

If I can't go back to work after FPML. Is it a termination or am I resigning? They was me to resign. I consider it termination. Am I wrong?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

HR wants my resignation today.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Atvwill

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

Just want to know if it is a termination or resignation.

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Answered in 3 minutes by:
3/27/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,388
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

A resignation is by definition voluntary. Therefore you can only truly "resign" if you tell your employer you are resigning, or if you are making the voluntary choice not to come to work. Obviously, if you are physically incapable of returning to work then it cannot be said that you resigned simply by virtue of you not returning. So, unless you affirmatively state your intent to resign, you have not resigned.

In that case, it is up to your employer to keep you on the books as an employee or to "terminate" your employment. They can CALL it whatever they want--no law forces an employer to use specific words--but the LAW will not regard it as a resignation unless you actually tell your employer you are resigning, or unless you are physically capable of working and refuse to go in to work.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,388
Experience: Significant experience in all areas of employment law.
Verified
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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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