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Employer "Voluntary resignation"
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eduardomv6
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Joined: 24 Jul 2009
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PostPosted: Fri Jul 24, 2009 12:12 pm    Post subject: Employer "Voluntary resignation" Reply with quote

I resigned from my company 3 years ago and after a couple of months they contacted me and asked what can they offer me if I returned. We came to an agreement that I could only work 35 hours between a certain time frame and I would not be able to work on a certain day because of a commitment and they agreed so I returned. My husband works a second shift and I have a child who is autistic so day care is not an option. I need to be home before he leaves to work.
Now the employer is stating that things changed and they need me to be flexible such as work outside the hours and days we agreed to. The beginning of this year thay have laid off several employees and have give them severance pay and able to collect unemployment. They are asking me to sign a form that I agree to these new terms and if I don't agree I would have to sign the form further down that I would voluntary resign. Can they do this? Also I asked what happens if I don't sign the paper and they said that is considered a voluntary resignation. Is this correct? Now they want me to also write a letter of resignation, do I have to? I am being asked everyday for the letter and I have been so stressed over all this that I have made myself sick.
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Pauloz
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Joined: 02 Oct 2007
Posts: 1160
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Location: Sydney

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PostPosted: Fri Jul 24, 2009 2:11 pm    Post subject: Reply with quote

eduardomv6

This situation is all too common. We're seeing it regularly.

We can't give legal advice, and you'd be advised to get some pro bono legal advice on this subject. There's a lot of debate about this, but it's very much a matter of opinion whether this is actually allowed under labor laws, or laws of contract.

I consider it despicable. So many people are being hit with this method of forcing people to sign contracts, and they've all been put in positions where their original terms of employment have been changed to something they can't accept. They've all been under considerable stress.

This is a piece we did recently on this subject to explain the issues in more detail. I hope it helps you:

http://www.cvtips.com/big-issues-in-us-workplace.html

I really do suggest you see a lawyer about this matter. You may also be able to lodge a formal complaint with the Dept of Labor in your state, where the law permits.

Good luck,
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