Quit or be fired!

[gw85258]

I am almost sure that I read somewhere on the EEOC websit that it is illegal to threaten the dismissal of an emplyee if he or she does not resign if that employ is know to be Ill or disabled. This happened to me and now I can't find that information. I was sick for much of last year due to a serious staph infection in January. I continued to work as best I could and worked many hours. I was limited at times having customer meeting via concall istead of in person. During bouts with resperatory infections I sounded and looked pretty bad. The customers put up with it and were understanding but on occasion my manager said that I sould not go see a customer because i sounded and looked like "****". I am in sales and did not make my quota last year but I had the highest quota in company history and had the smallest number of accounts compared to anyone else in a simalar position. Considerng my assighment, health issues aside, I had a pretty good year according to sales managers from other similar companies. I had four manager in one year and ultimately my manager told me to quit or I would be fired. Any comments?

[forum_admin]

They cannot fire you solely for being sick but they can fire if other reasons exist.

You could consult your nearest Department of Labor office to briefly discuss the issue with them first...you may also want to ask the company to put what is happening in writing and explain to them that you may have attorneys review the situation...try speaking to a higher level of management about the issue; they may override the other managers. If none of these efforts resolves the issue, let us know.

That is erroneous. An employer can fire an employee for excessive absenteeism. That appears to be the case here, regardless of the cause of absenteeism.

In fact, as it is most likely an at will type of employment (most are), an employer can fire for no reason and an employee can quit for no reason.

If your work situation is so that you're being told to quit or you'll be fired, that has to be a bitter taste when you get up every morning to go there. I too, would request they put that in writing, and the reason why they're asking you to quit. If you live in a State where recording a conversation is allowable, I'd also record any subsequent conversations. This will come in handy at your Unemployment Compensation Hearing.

[Bricks41]

Regarding the termination situation, they do have the right to discharge for most any reasons, but when it comes to unemployment benefits, most States frown on a company for asking for a resignation in lieu of termination. They will put you down as a voluntary termination, but you can document your conversations where they asked for your resignation and still be eligible for unemployments.