Legal Question in Employment Law in Maryland
Position eliminated but required to work 30 more days
My management and salaried position was eliminated but I have been told to work 30 more days to train my replacement(different title and less pay for the same job). The company also wants to announce that I resigned to the other employees to ''save face for me''. I do not want to work 30 more days and I do want the other employees to know I was ''eliminated''. Will I be eligible for unemployment and Cobra if I don't stay 30 days or will that be considered quitting?
Does the company have the right to lie about the conditions of my leaving to current employees?
Any information is greatly appreciated.
1 Answer from Attorneys
Re: Position eliminated but required to work 30 more days
You do not say whether you are working under a written employment contract. I will assume for purposes of your question, that you are an "at will" employee (i.e. either employee or employer can terminated the relationship at any time).
It appears that what has actually happened is that your employer has terminated you but given you thirty days' notice under the condition that you train your replacement. However, you apparently have received nothing in writing. If you voluntarily "resign", or allow your employer to state you have voluntarily "resigned", you may find it difficult if not impossible to obtain unemployment insurance benefits. You do not indicate the reason for the termination, i.e., was it for cause/not for cause?
You need to ask your employer for a written letter on company letterhead officially notifying you of your termination, the date your termination is effective, the reason for the termination, and what duties you will be expected to perform until the termination date, if you want to try to clarify your status. However, you should definitely hire an attorney first.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]