Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Can my boss tells me to quit my job?
Find answers to your legal question.





Can my boss tells me to quit my job?

I work for my current job more than two years now. I have an agreement with my boss to have a few months off to visit my relatives in another country. She said that I would have to give her a leave of absence and she promises me my job back after my trip. Few days ago, I gave her my letter of leave of absence, but she told me that I have to give her a letter of resignation for my leave and she cannot promise a position when I come back. My company is currently under restructure and has too many staff for not enough positions; that means I will definitely not have my job back. And if I resign like she said, I will not be able to apply for unemployment. Someone told me that my boss is not allowed to tell me to quit my job for something we both had an agreement. Is that true? Does my boss have no authority to tell me to resign?







gemrtz56
Rating
You may have to refer to the original agreement but, I think you or whoever told you about whether an employer can advise an employee to quit is correct. If an employer advises an employee to quit for company purposes you will still be entitled to unemployment because your employer originally guaranteed you would still have a job per your agreement.


raichasays
If you don't have this agreement in writing from someone in the company who has authority to sign it, then you are out of luck. You won't be able to enforce it. You wouldn't qualify for unemployment for the months you are out of the country no matter if you quit or if you are fired, since you are not available for work. So, you have to decide whether to take the chance that they will have a job for you when you get back, or that you will be able to find another job. If not, better stay here!


jellybeanchick
Rating
You need to talk to human resources right away. Family and Medical Leave Act (FMLA) allows you to take a leave of absence to care for a family member, a new baby, etc. If you are just going on a long vacation to see your relatives, your company has no obligation to let you keep your job. A boss can advise a person to quit. Usually, the other alternative is firing the person. It is true that if you quit, you don't get unemployment, but quitting looks better to future employers than getting fired. However, your boss may be overstepping her boundaries. As well as talking to HR, you should talk to your boss's supervisor to find out what is going on. Bosses usually can't fire someone without approval from higher authorities, so she might be telling you to quit because she knows she won't be able to fire you.


Gray Wanderer
Rating
The problem you face now is if the trip is really worth the loss of your job. All your boss has to do is deny your leave of absence, and then if you go ahead and go, list you as a no call-no show/quit without notice. Either way you lose your job and your unemployment. Your boss may be suggesting that you resign so that you will be eligible for rehire.


lenzix5
Your describing a scheme to commit fraud concerning the collection of unemployment benefits....I hope no taxpayers are watching ! The jails are full of people that act before they think!!!!


rickinnocal
Well, your boss certainly can "tell you to quit" - but you don't have to do so. You don't say where you are, though, which makes a big difference. Are you in the USA? Most American States are "employment at will" jurisdictions, which means an employer can fire you for any reason not prohibitted by law. So if you don't quit, she can fire you. If she does, though, you'll be entitled for unemployment *IF* you are actively seeking work, and are available for it. If she doesn't fire you, and you just decide to take f for the trip anyway, you can be fired for job abandonment which means you won't be eligible for unemployment. Since, if you're going to be out of the country, you won't be actively seeking work anyway, you won't be entitled to unemployment anyway, so that's really irrelevant anyway. Richard


benejueves
Rating
he can say anything he wants. they are trying to force your hand at leaving. you are correct in saying you will not have your job when you get back. if you leave, leave with the understanding that you would have to find employment else where. at this point there is no need in trying to make an issue out of it because she will only deny it.


kny390
No, she can't make you quit. But she can fire you for job desertion and you wouldn't be able to get unemployment anyway if you were fired with cause.


ironjag
If you have no employment contract and are not unionized, then your employer is well within her rights. She has probably been advised by HR for the company that she must do this (because of the pending downsizing) and had no authority to enter into any agreement with you on behalf of the company. Look at your employment handbook. That will define if you have any rights or recourse. You are caught in a bit of a quagmire. You want to leave for personal reasons, but want job security. Your company intends to downsize and you may be subject to that downsizing. If you leave (will be fired or have resigned) than you may not qualify for unemployment benefits. If you are there to protect your employment interest and downsized, you may have greater right to unemployment benefits. It's not uncommon for employers to suggest you resign when they may end up terminating your employment involuntarily. It gives you an "out" to avoid having your termination listed as "fired" for cause or misconduct. Fired people generally don't get unemployment benefits if they were let go for misconduct or not coming to work. That's not why employers and taxpayers pay into the U/E system.


tagway
She can tell you anything she wants but to resign would be unwise on your part. If she fires you you have a right to a hearing and like you say to quit....you just quit.


Katie Jo
Rating
Was the agreement in writing? If not you're probably out of luck. You should probably try sitting down with your boss first and explain your side and how you understood the arrangement if that doesn't work you could try going higher on the chain and talk to your bosses boss. No one can actually force you to resign but they could of course fire you if you choose to leave anyway.


17pdr
Rating
Its whats in your contract that matters, and your contract should be in line with employment law. I suspect your 'boss' is an employee of te business and thats not who you have your contract of employment with ?


Catherine L
Rating
only you can quit. she can fire you while you are gone! some companies have the no call no show rule and after so many days they will terminate you employment, however you you gave them a letter. You should send it to HR and have them record it so that you can apply for UE. Have them sign the letter that they received it and get a copy of it.


REALGOODPUSSY
No he can tell you that you are not doing your job and that you are fired.but if you quit that is on you and you want get unemployment


the old dog
Rating
If you have something in writing then you have rights you can take to the courts but if you don't? Well it will all come down to "he said, she said" kind of case. The judge will probably render a decision in your boss's favour. She can fire you but she cannot make you quit.


Discreetmansname
Ask him what the Attorney General Consumer Protection Division would think of someone trying to make an employee quit. Contact them ahead of time, of course.


wacky
if you have an agreement and youve been working for 2 years, you can tell your boss to get lost.


joker_32605
Rating
Don't quit. She is just trying to prevent you from being eligible for unemployment. The fact that she lied to you about the leave of absence should tell you volumes.


jdt
your boss is not a bad person for wanting an employee who doesnt leave for months at a time. of course they would like to replace you with a dedicated worker. if you want to keep your job dont go on your trip. or only go for 1-2 weeks only. otherwise youll probably have to find another job when you get back. good luck


pretty ricky
haha who said there is nothing like a stupid question? the person is the boss remember???? they give ya the sack and make ya jobless as simply as A B C


cami344
If you had an agreement, you're boss shouldn't be allowed to back out!


cyanne2ak
Rating
Actually, unless you agreed with your boss to get that leave of absence IN WRITING, your boss can indeed tell you to quit. Your boss has NO obligation to hold your job for you UNLESS you qualify for FMLA leave. Talk to your Human Resources Department about FMLA to find out what it requires you to do. (Sometimes you must give advanced notice.)


PAUL B
Rating
Check with your human resource department for company policy regarding extended leaves of absences. In many instances because of your tenure, most likely you will be able to under the "Family Leave Act".


Joshua S
Rating
she does have the authority not to grant you leave of absence, so in other words if you leave you quit you job, she wants you to quit so the company wont have to pay unemployment


Roz
No. they don't have the authority to tell you to quit. I would talk with someone in the Human Resources department about what occurred. Make sure you cover yourself in this situation and document all your conversations!!!


Ziggy
Rating
no she doesn't if it were me i would stay at the job to piss him off...haha hehe


girly
srry i diddnt feel like reading ur whole little story but i agree


michael d
Rating
no but he can make you quit


allie-o
Rating
yeah. its called being fired :P


Conor M
she can advise you to quit your job but she can't remove you without a good reason.


disco cartel
sister christian







Legal Discussion Forum

 Should it be illegal for men to own guns?
Men are the primary reason for prison. Women, statistically, are linked to crimes of passion, while men include reasons beyond reason. Men are proven to be the more dangerous members of society......


 Should smoking marijuana be legalized in Canada and the US?
Why or why not?...


 Should men have rights when it comes to abortion?
...


 what are your thoughts on abortion?
uh, i didnt mean to offend anyone by asking this question, i was just curious on other peoples point of ...


 PLEASE help? Is this illegal???
this is the situation- this guy i know frauded me and atleast 6 other girls that i know about over $50,000. there are probably many other girls that he has frauded and i know he is continuing to do ...


 If the US gets a female president, what will her husband be referred to?
One of my clients said she heard what his "title" would be but can't remember what it is. Obviously he wouldn't be "first lady" but I'm wondering if anyone knows ...


 is it a crime to finger someone?
if not, what about to police officers? (I'm just wondering)...


 Do you agree that people(terminally ill patients) have the "right to die"?
...


 Is it illegal to have more then 1 child in China?
Is it true that if you live in China you get more money from the Chinese Gov't for having just 1 child and less if you have 2 or more?...


 Cocaine was removed from the formula of what familiar product in 1903 at the behest of owner Asa Candler?
...


 Why is abortion legal?
i'm totally against it in every way, but i understand why some people would think it's okay in some ways. like with rape & stuff .. but if there's no risk to the mother, why can...


 How would you argue against this pro-death penalty point?
How would you argue against this pro-death penalty point? In 1991, a young mother was rendered helpless and made to watch as her baby was executed. The mother was then mutilated and killed. The ...


 What about the children?
Today I heard on the news that a state in the US is banning smoking in vehicles when there is a minor (under 18) in the car. I think this is great! I heard that people are opposed to it saying it ...


 Is it illegal for someone almost 19 to go out with someone who is 14?
a guy i know is almost 19 and he is going out with a girl who is only 14... its illegal right? i dont want anything to happen to the guy... he is a really good guy ... im just afraid hes goin to get ...


 How much money does it take to keep a criminal behind bars ?
That would be multiples how many prisoners are there? . That also means county, .maximum, city prisons , and so on times the dollars to feed cloth shelter, plus those on parole, anyone know the ...


 Hi i was in the mall and one of my friends stole while i was with him.?? What are the consequnces for me??
There 3 of us. (1) stealer 2) me 3) other friend while were in the bay in canada my friend (1) said he was going to try on a belt. So me (2) and my other friend 3 wanted to ditch this guy. So ...


 Im 18 , Legally Can Parents Take Away Your Cell If You Pay The Bill ?
im 18 years old & sick of getting treated like a kid , im a lot more mature for my age then your average 18 teen year old . Now my parents were generous & for christmas get me an iPhone i ...


 Why does a convicted murderer spend years on Death Row, instead of being executed immediately?
...


 Would cops help a man if they seen him being abused by a women?
Would they?...


 If smoking is bad for your health and ban in many public places here in Canada, why not ban drinking too?
Is this not double standard? Smoking is deadly and so is drinking. We know for a fact that it is equally serious to health but it seems drinking is socially acceptable and the authority is doing very ...




Copyright (c) 2009-2013 Wiki Law 3k Thursday, July 24, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.044