Legal Question in Environmental Law in Florida

I have ask my employer for a leave of absence, due to family hardship. They want me to put in writing that I'm quitting. I am not quitting. The period of time is 30 days. They stated that if I do not show up to work on Monday, he would start writing me up and after 3 days it would be consider abandonment of my job. He also stated he would give me a negative reference for other employers. He gave me a proposal, but would not put it in writing. He would consider hiring back after a certain time frame, I have to give a written letter stating I'm quitting. What should I do? He told me he does not want to pay me unemployment.

Asked on 5/12/12, 6:07 am

Sanford M. Martin Sanford M. Martin, P.A.

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Although your inquiry does not relate to environmental law, it is clear that your

employer is asking you to give up all rights as employee: unemployment comp,

right to return after the leave, etc. If you give him your resignation in writing, you

have given up such rights. He will not be required to "consider" rehiring you.

Unless your work rules or employment agreement provide for leaves of absence,

your options are limited if you decide to take a leave, which, in effect, will be

quitting your job.

Answered on 5/12/12, 6:38 am

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