Legal Question in Employment Law in Minnesota

Forced Resignation

Today I was fired from my job because I was out sick with a doctors note. However, when they called today they told me of being fired but gave me two options: I could be fired by them, or I could resign and take 2 weeks pay. I asked for time to think about it, they said no, I needed to answer now. When I went out sick they called me the day of and said ''we know you're sick, and we want you to take the time you need to get better, you still have a job with us.'' However, today it was a new story. Is it legal for them to force me to resign, and if I do am I unable to request unemployement?


Asked on 12/07/04, 8:37 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Forced Resignation

If your termination is "voluntary", then you may not qualify for unemployment. There may be other issues giving rise to compensation claims.

I would be happy to discuss with you.

If you do not have an employment contract for a specific term, you are likely an "at will" employee which means you can be fired at any time for any reason, so long as it is not an unlawful reason (discrimination, retaliation etc.)

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Answered on 12/08/04, 7:38 am


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