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I resigned on the date of April 2nd after making a complaint to HR. The company acknowledged it on May 24th, paid me two weeks.

Chula Vista, CA |

I whistle blew against my manager VP of Servicing after I was written up. I kept a log of documented events since January 2013. I felt singled out by my manager and have documented: jokes, statements and incidents. I have a paper trail were I resigned at 8pm on 04/2 and withdrew the next morning from work at 6am. I also have a paper trail where my manager directs me to HR regarding question on my position and HR directs me back to my manager and I am ignored. I was terminated on 05/24 three days after the investigation but the claimed they accepted my letter of resignation 51 days after it was retracted. I have documented violations and misconduct, per our handbook. I was told by a large firm I have a case but they have an influx of cases and cant take mine. Should I seek a small firm?

Attorney Answers 1


You don't provide enough facts for a proper analysis. If you were an at-will employee, your employer may legally fire you for any reason as long as it is not based on a protected class (age over 40, gender, race, religion, medical condition, etc.) or because you were a true whistle blower - which means that you complained about violations of the law by your employer or because you asserted your legal rights (example: overtime pay.) An employer may accept a resignation at any time and even if it was withdrawn by you, they can legally fire you for any lawful reason. Violations of the employer's handbook do not lead to a viable lawsuit unless the violation is one of a law. I find that whenever I or any firm, large or small, rejects a case, it is because the case is not very good. A big firm can always find time to take a case of an individual. If you believe you were fired because of any of the reasons stated above, call an employment law attorney to discuss the facts.

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My complaint to HR was that I felt discriminated against for being a male Mexican American which I thought put me in a protected class. When the results of the investigation came back on 5/21, I was informed 3 days later that the company accepted my resignation letter and paid me 80 hours in lieu of my resignation.

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