Is it legal for employer to ask for your resignation just to prove a point?
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Is it legal for employer to ask for your resignation just to prove a point?
I have been working in the health care industry for the past 3 years. I left F/T employment back 4 months ago but kept my per diem status with the company. I returned F/T the next month but different hours. Due to health issues in the family and child care concern, I asked that I be transferred to first shift status. There are currently 3 F/T positions available that have not been offered to anyone or filled. I was told by my supervisor I need to stay on my current hours or resign. This is the only way she can prove her point. Is this legal?
Asked on July 16, 2011 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is completely legal, as long as:
1) you do not have a contract or employment agreement whose terms are to the contrary in some fashion
2) you are not being discriminated against on the bases of a protected characteristic, such as your race, religion, sex, age over 40, or a disability (this means that you are being treated worse specifically because of one or more these characteristics)
Without a contract, you are an employee at will. Companies have complete freedome to set hours, duties, shift, terms and conditions of employment, etc. of employees at will, or even to fire them at will, so long as they are not discriminating.
Therefore, your employer can refuse to change your hours, and can say to you that if you dont' want them, your only choice is to leave (resign).
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