How do we determne if my wife quit or was fired?
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How do we determne if my wife quit or was fired?
Earlier today, my wife typed a resignation letter and tried to resign from her job. Her employer refused it and told her to take the day to reconsider. She left the office to take the day to think about her decision and the changes that were being promised in the workplace, with the only copy of her resignation letter. Hours later, she received a text that said her employer decided to accept her resignation.
Does this constitute being fired or her resigning?
2 She was hired as a front office coordinator, to schedule patients and return
calls. During her employment regulations made it mandatory for people using
certain software to communicate patient information to hospitals, to have a
medical assistant certification. Her employer offered to pay for it, and she
studied for weeks, on her own time, took the test and passed. The employer is
now saying that he will be deducting the cost of the test from her check.
Is this legal, if there was no signed agreement around the payment for the test
regarding employment terms after or repayment?
Asked on August 3, 2017 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) An employer cannot refuse to accept resignation: your employer can't make you keep working after you decide to quit. It is therefore irrelevant if they "refused" the resignation initially--if your wife resigned, she resigned. So she quit in this case.
2) They cannot make her repay a cost of a class or test, etc. unless there was an agreement made *before* the cost was incurred that she would reimburse them. Without a prior agreement, they cannot take the money from her check; if they do, she could file a complaint with the department of labor, who may help; or if the department does not (or is moving too slowly), she could sue, such as in small claims court, for the money.
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