Resignation Pro

will i submit a resignation letter if i was terminated without my knowledge?

i was on leave of absence without pay, when suddenly before i planned to go back to work, i received a message telling me to submit a resignation letter because the company had already hired someone to take my place. i respectfully ask your help on what to do, will i submit a resigantion letter or not?if yes, what will be the content of my resignation letter and why?

Public Comments

1. You were fired you did not quit did you?
2. I wouldn't do it because you didn't resign, they fired you!
3. You need to ask a lawyer about this. If the company knew you were on a leave of absence, they may have stolen your job from you. They may need to pay you unemployment now. That may be the reason for the letter or resignation. They want to get out of paying you.
4. I assume this is in the US?... as this would be illegal in the UK.
5. They want you to submit a resignation letter so that it will look like you had left and was not fired. If you had permission to be absent, DO NOT submit the letter. If you are eligible for unemployment and you submit a letter like that you will not get it. If you did not have permission to be absent, submit the letter so that in the future you do not damage your work record
6. No - do not submit a resignation letter! The place you worked for can then claim that you quit and you won't be able to collect unemployement. If you were on family leave (maternity, medical, adoption, etc.) and you work for a larger company, what it did may be illegal.
7. No way, no no no....they just don't want to have to pay unemployment. You write a res letter when you quit not when they replace you!!
8. I don't think that it is required since they told you they had someone else.What state do you live in? I advice you to go to your state's department of labor and check if they can legally do that.
9. I wouldn't do it. I'm not sure, but if you resign, ie quit, you don't get unemployment. They fired you. They should have to pay your unemployment.
10. Nope game over! And beside if you resign they can say they didnt fire you. You can get unemployment if you were fired not resigned, They dont wanna pay you!
11. No, they can't legally hire somebody before they have got a letter of resignation from you (this is why they are now trying to get you to submit a letter, once you have done this then they are again legal!). Fight this, if you live in Great Britain then the citizens advice- if you aren't sure where it is go to your local council who will point them in the right direction. Also if you are a union member then they will be able to sort this, give you advice and pay solicitors fees!! Please do not submit to these people as at the moment they are being totally illegal!
12. I wouldn't submit a resignation letter if I was fired. I don't know what your situation is, but with getting fired you can get unemployment whereas you can't if you quit.
13. I think I would not write a letter. They do not want you to collect on any benefit's coming to you. They should have sent you a letter stating why you where let go. It also depends on why you went out with no pay.
14. Depends on why you were on leave and if you want to fight for your job I would submit a letter if possible, then you can use the job for a reference. When your possible new employer calls for a reference, then your reason for leaving will be "resignation" instead of "termination" Example Letter: Your Name Your Address Your City, State, Zip Code Your Phone Number Your Email (info of employer below) Date Name Title Organization Address City, State, Zip Code Dear Mr./Ms. Last Name: I would like to inform you that I am resigning from my position as ___, effective __(date)___. Thank you for the opportunities for professional and personal development that you have provided me during the last (# of years or months). I have enjoyed working for the company and appreciate the support provided me during my tenure. If I can be of any help during this transition, please let me know. Sincerely, Your Signature Your Typed Name ---Hope this helps
15. Do not know the circumstances under which you were absent without pay. If your employer allowed you to go on such leave and it was planned, it appears to me that they are asking you to resign to clear themselves of having to pay you a redundancy package. If your leave was unplanned and possibly through your unilateral doing, perhaps they are doing you a favor by not firing you. In that case, writing a short letter without any frills should be adequate. Ex Dear ..., I herewith tender my resignation as ....[your position].... with effect from ....[date]..... Thank you for having afforded me the working experience with your organization. Regards, ......[your name]... Hope this helps!
16. Do not write the resignation letter. Not only will you not be eligible for unemployment, but if the company has a severance package then you will not get it. If you are forced out try to negotiate a severance package to include health care (if you had it while employed) as well as at least 2 months severance pay.
17. Let's take this one step at a time. How long were you on a leave of absence? Was it approved by your supervisor/boss? If they had already hired someone to replace you, there would be no need for a letter of resignation. Do not submit a letter of resignation. Respectfully ask in a written letter as to why you were terminated. Send it registered mail, return receipt requested, so you know they got the letter. If you send a resignation letter, you would have no recourse for possible unlawful termination. They could always say "He/she resigned and here is the letter to prove it". Also, you need to know why you were terminated.
18. Call your state unemployment office and find out which rights apply to you in this situation. FMLA (federal medical leave act) that is used many times for LOAs does not apply to all businesses, but your state office will be able to find out if they do. Most states are "employment at will" which means they don't need a reason to fire you, so you may not have any recourse depending on why you were on LOA; but you would still be eligible for unemployment benefits (in most states). Regardless, DO NOT RESIGN. Don't sign anything period as they may try to imply that your signing a release that you've returned company policy is an admission of resignation. Call your state unemployment office and tell them the truth about everything. They are your advocate but if you hide something from them regarding specifics you will lose your appeal if/when your employer fights the unemployment insurance claim.
19. I wouldn't do it and would show up at work on your scheduled return day.