Legal Question in Employment Law in Florida

Re: Refusing To Give Resignation

You are not fired. So, you need to make a decision on how to proceed. You could do nothing and see what happens. Chances are you will be fired once the employer gets its act together. (Unless they are afraid of firing you - is there a disability involved, a race issue, or something like that which could cause you to sue?)

If you want to keep the job, perhaps you could speak with someone high up and see if there is anything you can do to address whatever the problems are.

Of course, if they tell you not to come in, or don't let you work and won't pay you, then that would probably be a discharge even if they do not call it that. For example, they could suspend you without pay. If so, make sure to find out how long it is for. If it is open-ended, then that is a discharge (at the least, it is a constructive discharge).

If anything happens that makes you lose your ability to work and be paid, then you can certainly apply for unemployment benefits. If you resign, it is much harder to get the benefits although you can claim constructive discharge because you were forced to resign.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

I'm sorry I can't give you anything more concrete. It is an ambiguous situation and only you can tell how best to proceed based on all the facts and situations.