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AVM Survivors Network

Asked to resign

#1

My supervisor asked me to resign if I have to have surgery.Going for cerebral angiogram Thursday I don’t know what is going to happen after that but I refused to resign but does anyone know if that is legal?

#2

WOW !
I'm no expert - but in the UK, this sounds like you would have a legal case against, unless the terms suit you to accept. Take legal advise before you agree to anything. I'd keep copies of all communications just in case.
Good luck with the angiogram!

#3

If you resign, Sheba, you may lose severance pay or unemployment beenfits, which your supervisor probably is aware of. Keep notes on any further conversations about resignation with the date of the conversation and exact quotations. And do consult a lawyer if you are wrongfully terminated or demoted because of your health. This webpage may also be helpful: http://employeeatty.blogspot.com/2012/08/my-employer-says-i-have-to-resign-what.html

#4

Don't do it. You will Not be able to collect unemployment if you do. If you have insurance through them, they may be wanting you to resign for that reason. I don't know what he/she is thinking but, it's definitely unethical to ask such a thing and.. cold.

You could contact your state representative's office and talk to them about it.

#5

I am a lawyer, but I do not practice employment law. My knee jerk reaction, however, is that your supervisor is violating the Americans with Disabilities Act and engaging in an illegal firing. The issue is definitely more complicated than my knee jerk reaction. Send me an e-mail, and I'll connect you with a labor & employment attorney who can offer better input. Ultimately, I predict you'll need to file a complaint with the Equal Employment Opportunity Commission - a federal agency charged with enforcing the Americans with Disabilities Act and other anti-discrimination laws. You can file a complaint with or without a lawyer's assistance, and the Equal Employment Opportunity Commission may the choose to sue the lawyer on your behalf.

-Chad
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#6

Hi Sheba, You are so smart to post this topic and I see among the respondents even a lawyer! Please keep us posted.

#7

I used to practice law and I did do employment law on some occasions. I will tell you that employment law is State dependent unless a Federal statute is involved. No matter what DO NOT RESIGN! If your supervisor wants you gone make them fire you. Before anything else happens though I would suggest that you have your physician certify you with a disability so that you will be covered by The Americans with Disabilities Act which is a federal statute. Once you are covered under the terms of the ADA if you are terminated due to your disability you may have legal ground to sue. At that very least the ADA will allow you to request accommodations from your employer due to your disability. Please consult an employment attorney in your state and make sure it is one familiar with the ADA. I have not practiced in a number of years (due to my daughter's AVM) and the ADA may have changed since then but you should still be aware of its existence and what it covers as well as any relevant laws in your state. Wishing you the best of luck!

#8

I am a lawyer too, but disabled and no longer practice. Make sure you see a good attorney. I agree with the two messages above. Do not resign!

#9

Also there is the federal FMLA.

#10

I also agree Do Not Resign! They need to work with you under ADA!

#11

You resign and lose any health benefits or disabilities coverage that would get the company you work for off the hook. I would call your labour ministry or lawyer for advice.

#12

Thanks everyone I’m getting ready to go in surgery for angiogram now will be replying when I get my bearings but will definitely not resign. God bless you and love you all from the heart talk soon

#13

Sheba..I was in the HR arena before my brain bleed. DO NOT RESIGN.

The AVM Survivor Network partners with The Social Security Law Group..a great place to contact to get correct information. http://www.sslg.com/

Wish you the best..please keep us informed regarding your issue.

#14

Sorry Sheba..the Partner I mentioned is for those that need help applying for disabililty. I would call:

U.S. Equal Employment
Opportunity Commission

1-800-■■■■■■■■

I would tell your supervisor's suppervisor that you need to speak with EEOC regarding being asked to resign due to a health issue. That might stop them in their tracks. Being in the HR area, I would NEVER have allowed a supervisor to ask an employee to resign during a health issue. Very dangerous.