Legal Question in Medical Leave in Florida

My wife is approaching the end of her FMLA leave due to stage IV cancer (which her employer knows about).

Today, their HR called and asked to voluntarily resign, and only in a brief e-mail (not an official letter) after my wife demanded something in writing, did they remotely offer to offer her "first re-hire" status should her doctors ever clear her again to return to work.

Can they force her to resign; and if she does, what does this do to any social security disability or unemployment claims?

Thank you for your time.


Asked on 9/10/14, 12:43 pm

1 Answer from Attorneys
Scott Behren Behren Law Firm

Would need more information. If she can return they can't force her to return and under the ADA she can ask for more leave time as an accommodation. Feel free to call or e-mail me to discuss further at [email protected]

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Answered on 9/10/14, 5:23 pm


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