How do we determne if my wife quit or was fired?

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How do we determne if my wife quit or was fired?

Earlier today, my wife typed a resignation letter and tried to resign from her job. Her employer refused it and told her to take the day to reconsider. She left the office to take the day to think about her decision and the changes that were being promised in the workplace, with the only copy of her resignation letter. Hours later, she received a text that said her employer decided to accept her resignation.

Does this constitute being fired or her resigning?

2 She was hired as a front office coordinator, to schedule patients and return

calls. During her employment regulations made it mandatory for people using

certain software to communicate patient information to hospitals, to have a

medical assistant certification. Her employer offered to pay for it, and she

studied for weeks, on her own time, took the test and passed. The employer is

now saying that he will be deducting the cost of the test from her check.

Is this legal, if there was no signed agreement around the payment for the test

regarding employment terms after or repayment?

Asked on August 3, 2017 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) An employer cannot refuse to accept resignation: your employer can't make you keep working after you decide to quit. It is therefore irrelevant if they "refused" the resignation initially--if your wife resigned, she resigned. So she quit in this case.
2) They cannot make her repay a cost of a class or test, etc. unless there was an agreement made *before* the cost was incurred that she would reimburse them. Without a prior agreement, they cannot take the money from her check; if they do, she could file a complaint with the department of labor, who may help; or if the department does not (or is moving too slowly), she could sue, such as in small claims court, for the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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