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Colorado-Forced resignation after asking for a schedule alteration

by Katherine
(Colorado)

I work in corporate retail, a large department store. I have been working what they call a "30-flex schedule" for roughly 16 months, I have been working four 8 hour shifts in this time, with the exception of the holiday months. I have decided to return to school this semester, I have requested 3 days off per week. I asked my department manager for Monday, Tuesday and Thursday off, to attend class. I spoke with my co-workers and they agreed to help work around my schedule, so that all shifts were covered. I am available to work the 4 days that I am not in school, so the number of hours I am available has not changed, only the days. I was promised a consistent schedule when I was hired for the job, that has not been the case.


My department manager, the store manager and the HR manager had a meeting, they decided to ask for my resignation. I was not included in the meeting, nor was I able to verbalize or negotiate my case to the other two people (store manager and HR manager) making the decision.

After the meeting, my department manager presented me with the Resignation papers. He told me that I should fill them out and sign them, but the resignation would not be made Official until after the hiring-freeze has lifted, an undetermined date. He also mentioned that if another position, consisting of 15 hours per week, opened up elsewhere in the department, he would be happy to hire me back. This makes me wonder if it is more of a lay-off than a forced resignation. I am aware that in the state of Colorado, an employer can fire an employee without cause. It appears then that they are trying to avoid firing me so that I am unable to collect unemployment.

I would like to know whether or not I should sign the resignation forms, what would happen if I don't and under what circumstances would I be eligible for unemployment ?


Hi Catherine,

It's late and I don't have much time, but I wanted to say:

DO NOT sign the resignation letter without documenting that it has been asked for by the employer and as far as you can tell it is because you requested a schedule change.

All states are at will employment states. All employer can fire you on any whim they like.

Just so you know, Colorado will question your ability and availability for work with regard to school.

Chris

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