Legal Question in Employment Law in Minnesota
Resignation or Termination?
My fiancee was offered either termination with salary through July 15th or immediate resignation by her manager. She opted for termination. Later that day, her manager told her that the HR dept. told him that ''termination'' was not an option b/c she did receive a final warning. She would have to work another 30 days to be terminated. My fiancee told him that she would make a decision and notify him today. Today, the manager said it was a mistake to offer her termination and there was nothing he could do about it. He also said she should ''say her good-bye's.'' My fiancee attempted to get HR involved to arbitrate, but the manager refused to call. He also notified the other employees that she has resigned. She has signed nothing agreeing to a resignation and wants to take the 30 days and be terminated at the end of that period. What are her legal rights in a situation like this? Should she get a lawyer involved? Was she not effectively terminated when the manager notified the employees she had resigned even though she did not agree to resign?
1 Answer from Attorneys
Re: Resignation or Termination?
Other than clearly being entitled to Unemployment Insurance Benefits, she may have claims for wrongful termination and slander.
I have 25 years Business Law experience.
I would be happy to meet with you and her to discuss her rights.