California  |  Employment Law

Legal Question

Asked on: 6/21/13, 7:02 pm

I had a baby recently who has a rare disease which requires around the clock care so I cannot go back to work as I originally planned. This is a disease that resolves over time so I notified my employer that I was unsure that I would be able to return on the original projected date of return to work. My employer replied that they would consider this my resignation, however I believe that the employer should be responsible for the termination as this would affect my eligibility for unemployment benefits should I be able to work in the near future but cannot find work. Can my employer force me to resign or should they be responsible for the termination? I live in the state of California.

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