Charlotte, NC asked in Employment Law for North Carolina

Q: My wife recently transferred to a new dept. She had mandatory training, if you missed more than 8 hours you would be..

terminated. She was hospitalized for a severe infection, missed a 6 days. They are now asking her to resign so she is rehirable in 60 days when a new job MAY be open. We are afraid she would be denied unemployment, if she resigns. They said they could also terminate with cause. Not sure the best option.

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1 Lawyer Answer
Ina Shtukar
Ina Shtukar
  • Licensed in North Carolina

A: Yes, if your wife resigns voluntarily, she will likely be denied unemployment benefits. Was her infection in any way connected to her employment? Is she able to work now? She could be entitled to workers' comp benefits. I am not clear why her employer is asking her to resign. This could give rise to an employment claim based on REDA (retaliation and discrimination). If the employer terminates her for cause solely to interfere with her right to unemployment benefits, an attorney can contest denial of unemployment benefits. Schedule a free consultation to further discuss your situation.

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