Company asking for a new resignation letter

After being on Short term disability for almost five months I was released back to work. Upon handing in my release note from the doctor I also gave my written two weeks notice of resignation. Since a recent takeover and having missed training they no longer have a position for me to work out my two weeks and have asked for a falisifed resignation letter stating a different last day of employment so that I am not giving my two weeks notice. Am I entiltled to two weeks of wages? Upon asking for the falsified resignation letter they stated that it would be noted that I left the company in good standing, If I do not give them a new letter do they have the right to give a negative reference?

1 answer  |  asked Sep 29, 2001 3:35 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
The Flip Side of Employment at Will

Employees working in the private sector in New York are assumed to be employees at will. This usually means that an employer can fire you at any time for any reason or no reason at all, with certain narrowly defined exceptions. The flip side of this, which seems to come into play far less often, is that an employee can leave a job at any time for any reason or no reason at all.

Thus, there is absolutely no obligation to give any notice. Giving two-weeks notice is just a custom that carries no force in the law. But an employer can say that you left without giving notice.

Employers have no obligation to give employees severance pay.

I really do not know why your employer would want you to postpone you resignation date by 2 weeks. I have difficulties seeing what benefit an employer gains by doing that.

Now, you call the delay in resignation "falsifying." I don't see that it has to be a case of falsifying. There is nothing wrong with your going on unpaid status for a while. If it helps you get a good recommendation for future use, it might be worth the price. It might also enable you to get two weeks of medical benefits without having to pay COBRA rates.

Employers run a risk if they give out bad recommendations just to be nasty. If the information is false, it could be defamation, and, if it is defamation, you could sue your former employer because of the bad references. But note that not all bad references are defamation. It is defamation depending on what is said, and whether what is said is true or false.

posted by David M. Lira  |  Oct 1, 2001 2:26 PM [EST]

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