Legal Question in Employment Law in Florida
Employer asking employee to change resignation date???
After submitting my resignation (and providing 3 weeks notice), I've received an email from our VP to change the date of resignation to coincide with the end of a payperiod. Before submitting my resingation, I checked with the Director of HR, no company policies exist stating that I must resigned at the end of a pay period. I'm working one additional day into the new month so I will be covered by insurance for one additional month. I did sign an agreement at the start of employment stating the usual lingo '' employment is an at will agreement for both employee and employer'' and I'm listed as an employee with full benefits.
Can my current employer (5000+ employees with corporate headquarters based in Broward County) make an employee change the date of resignation to an earlier date to avoid benefit coverage for health insurance? I'd like to point out this same department recently hired a new employee before the first of a new month (hired 3/31; insurance effective 4/1) so she could have insurance effective the next business day.
Please advise.
1 Answer from Attorneys
Re: Employer asking employee to change resignation date???
Based upon the facts provided, there would not seem to be any cause of action, as Florida is an at-will employment state and both you and your employer are free to end your working relationship at any time. While resignation notice periods are typically a matter of courtesy between employees and employers, they are not legally binding matters, and because health insurance benefits are not required to be provided to employees--but are rather a voluntarily provided by some (not all companies)--upon the information available, you would appear to be an unfortunate (but not necessarily illegal) situation. Nonetheless, you should consult an attorney immediately to determine if you have any rights given additional facts that may exist.
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