I was recently forced to resign from my job. I have never received any write ups. would i have a case

Asked over 2 years ago - Findlay, OH

I was forced to resign due to lack of accountability to my team members. never received any write ups. My general managers basically put all the blame on me on the mistakes that they made and the HR made.

Attorney answers (2)

  1. Donald Michael Gallick

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . There is a doctrine known as "constructive discharge," which basically says that you were forced to resign to due mistreatment, hostile work environment, etc. It is not an easy thing to prove. Additionally, if your employer has records showing that you performed poorly, it would be a very difficult to case to win.

    Your best bet is to file for unemployment, see if the employer contests the unemployment, and if necessary, consult with an attorney to help you obtain your unemployment benefits. If that lawyer believes you were wrongfully discharged, you could also file a suit for wrongful discharge in addition to fighting for your unemployment.

    Don't delay in filing for unemployment. The sooner, the better.

  2. John Robert Sauter

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Whether you have a valid claim for wrongful termination depends on your status as an employee.

    Ohio is known as an at-will employment state. Unless the terms of your employment are governed by a contract between yourself and your employer (or other exceptions, such as union rules or an employee discipline handbook), you are most likely an employee at will. Employees at will can be fired for cause (you screwed up), no cause (you didn't screw up) or even bad cause (they fired you because you're a Michigan fan and they're OSU fans). Therefore, if you were an employee at will, you do not have a claim.

    Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this... more

Related Topics

Employment

Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Wrongful termination of employment

Wrongful termination is when an employer illegally fires someone, often in a discriminatory manner, such as firing someone who becomes pregnant or disabled.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

33,476 answers this week

3,639 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

33,476 answers this week

3,639 attorneys answering