My job is too stressful, I have been put on STD, and would like to just start over. How do I ask to be laid off/fire,without considerate it quitting

Get Legal Help Today

 Secured with SHA-256 Encryption

My job is too stressful, I have been put on STD, and would like to just start over. How do I ask to be laid off/fire,without considerate it quitting

Asked on June 4, 2009 under Employment Labor Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can't. An employer would be justified in taking any discussion of that nature as your resignation. That's not to say that they will, but be warned that they *could.*

Also, since I assume that you want to be able to file for unemployment, please note that it *is* fraud to file for unemployment when you resign instead of being laid off. Many employers will cooperate with employees to allow them to claim firing/layoffs and file when it was really a resignation, but since it's improper to do so, many others will not. Because you could be considered to have resigned on the spot and because what you're contemplating is technically illegal, this would be a dangerous discussion to have with an employer.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption