Can my employer require me to turn in a resignation letter when I am forced to take a mandatory break from employment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer require me to turn in a resignation letter when I am forced to take a mandatory break from employment?
I work for a company that has a contract with the US Government. The company deducts taxes from my pay, provides health insurance and a retirement plans. I work in Afghanistan and the company has a policy that only allows 2 years in-country at a time. At the end of that time you are required to take a 60-day break. I have been with the company for 3 years and a recognized employee. I am at my 2 year mark in-country and now have to take the “break”. I wish to continue employment after the break and the company will have me back. Why then is the company requiring me to do a resignation letter?
Asked on May 28, 2011 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
They are probably requiring the resignation letter because doing so means (1) they don't have to provide your benefits during the time you are not employed by them--e.g. after you resign, but before you are rehired (if indeed you are rehired); (2) it gives them more flexibilty to decide whether to bring you back or not (they'd have to rehire you); (3) if you are not rehired, you can't get unemployment; (4) depending how certain of your benefits (like any stock options, pension, etc.) work, it may cause you to lose vesting time. In short, it offers many potential advantages too them, none to you.
They can't force you to sign a resignation letter. However, if you are an employee at will (no employment contract), they probably can simply fire you at more-or-less any time, for pretty much any reason (other than one based on a protected characteristic, such as race, religion, sex, disability, or age over 40).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.