Is a dr statement valid?

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Is a dr statement valid?

My employer changed my job responsibilities. I was advised to get a statement from management. I received a statement from my doctor and was given 2 options: take another position or resign. I declined another position. Then I was pressured and harrased for 2 days to quit. I ended up under a doctor’s care and decided to give my immediate resignation with severance but now they refuse to take my resignation. What can I do?

Asked on May 23, 2017 under Employment Labor Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether or not your resignation is "accepted" is irrelevant. A person cannot be made to work against their will. That having been said, severance is not legally mandated, therrfore an employer can choose to offer it or not. That is unless it must be paid under the terms of an employment contract or union agreement or it has been company policy to pay it out.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It doesn't matter if they don't "accept" it: they can't make you work against your will (slavery was outlawed, after all). Don't go to work: if they choose to keep paying you to not work, that's their choice and to your benefit.
Bear in mind that severance is not required by law: you can request it, but it is voluntary on the part of the employer whether to pay it and, if so, how much.


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