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Employeer Took My Medical Leave Papers As My Resignation!

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Richard HERMES

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So I was off work trying to get my shit together for like a week. My
Boss was former mil and kinda knew what I was dealing with. I turned in my Doctors note that due to starting new meds he didn't want me to work around a group of people and be stressed out. Until the medication started to work.

Well I was told I could not work in the office or while at home so I left my key card, laptop on my
Bosses desk. The HR lady of course made smart ass
Remarks to me regarding my medical form they needed and the dates my Dr put on it.

Well long story short she then goes and publishes that I resigned that very day which also happened to be my B-day. So I am no longer employees at this company.

Since I had proper documentation for my medical leave can they really take that as my resignation?

I am really thinking of contacting an attorney or someone at VFW to assist me with this case.

Does anyone else have any comments or guidance on what to do??

This is a major world wide business based out of Korea, FYI. They have a big following in the states though. I worked in the training dept.
 
I did first thing and had not been there long enough to be covered under FMLA.

How can they legally or morraly perform the actions the did?

I never said I quite or gave any written notice of me resignation.
 
This sucks, I'm sorry. Unions used to safeguard workers against this kind of deplorable HR and administrative behavior, but we've shit all over unions, unfortunately. There would be instant issues with due process and cause for grievance and quickly clearing this up, but I assume you don't have a union.

I don't know what being based out of Korea means in this case. But if you're working within the U.S. could you go to the Americans with Disabilities Act website and contact someone for advice? I'm not sure if that's the right move either, but given you simply needed a mental health leave, and had a doctors note, I assume there is an issue that might be resolvable within that. But it might take having someone else contacting your employer on your behalf to point out the problem. Good luck!
 
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If you live in an 'At Will' State, they can let you go at any time for any reason (or none)... Although they risk a lawsuit every time they do, and especially when medical anything is involved, most of the time they'll win.

Personally, I would be inclined to handle this with humor / give management an out to save face / although it wouldn't work in all fields.

Reply to All in that email "Fortunately; The news of my recent demise resignation has been greatly exaggerated." A good note to all staff, though, is to be careful not to forget your laptop & key card in the boss's office when handing over your sick note from your doctor. Looking forward to seeing everyone once the meds gave kicked in & sorted things. Don't worry, not the plague. Doctor says about a week. (Or whatever the doctor estimates)

 
So you gave them a doctor's note signing you off work for whatever amount of time and your employer has announced to the company that you have resigned?? Wow!

You haven't resigned and, if they haven't told you that they're terminating your employment, then you're still employed by them?!

I'd pick this up with your boss/HR (probably whichever one you feel you have the best relationship with) and get some clarity around this. "There seems to be some confusion....I have been signed off by my doctor until X so was shocked to see the announcement that I'd resigned. I haven't resigned and I'm looking forward to returning to work on X. So, I'll see you then."

If they're then tricky about it, yes, I'd seek some legal guidance. But I'd go to the company direct first to clarify your position with them and to allow them to put things right.
 
So their excuse was I said I quite. Supposedly I said this in front of my boss. I don't actually recall saying that but he says he has witnesses who say I did. I think it was do to my new meds because I don't remember saying that at all. I can barely recall that day, and I thought there had to be a signed notice saying I am resigning per employee handbook plus they already had my doctors notice in hand.

Any advise????
 
So are you still on their payroll now?

Even if someone does resign, it isn't unheard of that people change their mind and retract their resignation and end up staying. It happens. But from what you're saying here, it sounds like they're adopting quite a "You said it, there are witnesses, so there's no going back" approach.

Can you say something like "I don't remember saying I quit and, if I did say that, I must have been confused because I wasn't feeling well . I wasn't resigning - I was simply handing in a doctor's note signing me off until X."

Do you have access to the employee handbook currently so that you can double-check the resignation policy? If the policy is that resignation must be made in writing, then it isn't enough for them to say "You said you were quitting in front of your boss." And you can then say that to them - "My understanding of the company policy on this as outlined in the handbook is that employees must submit their resignation in writing. I haven't done this."

It doesn't sound like they are following correct procedure. It sounds like you are being treated unfairly.

I'd be tempted to go back to them with something along the lines of what I've said above - confirming that you were being signed off sick and not resigning and that you haven't resigned in writing - and if you don't get anywhere with that, seek some legal advice.

I'm not in the know about employment law where you are but this all sounds off to me.

Good luck!
 
Do you know your convention collective which is nothing but the agreement between the employer and the employees? It includes all the agreements starting from the first day. It is important for every employee to know this. Not only the employee but also the employers and the company workers too.
 
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