My job is too stressful, I have been put on STD, and would like to just start over. How do I ask to be laid off/fire,without considerate it quitting
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My job is too stressful, I have been put on STD, and would like to just start over. How do I ask to be laid off/fire,without considerate it quitting
Asked on June 4, 2009 under Employment Labor Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You can't. An employer would be justified in taking any discussion of that nature as your resignation. That's not to say that they will, but be warned that they *could.*
Also, since I assume that you want to be able to file for unemployment, please note that it *is* fraud to file for unemployment when you resign instead of being laid off. Many employers will cooperate with employees to allow them to claim firing/layoffs and file when it was really a resignation, but since it's improper to do so, many others will not. Because you could be considered to have resigned on the spot and because what you're contemplating is technically illegal, this would be a dangerous discussion to have with an employer.
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