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I resigned from my job, submitted a resignation letter and the reasons why i was resigning ( i know it was optional) but now ...

Anaheim, CA |

My former employer sent me a letter saying that she saw my resume on indeed. com and she said that all the duties i posted on my resume i never performed. i kindly messaged her and told her respectfully that i did and performed those duties every night. i was there, i know what went on and what didn't, and that i'm not the only one who did those duties. i resigned for certain working conditions, and another employee quit for the same reasons. Now my former employee says she will submit my documents to her attorney, and get all the staff to attest about how wonderful it is to work for her.

I ultimately said, i submitted my resignation letter, and it was an "at will employment" there is nothing else i need to talk about.

this is a rfce residential care facility. i don't know why

............i dont know why she has wrote me a letter, or why shes saying all these things, or why i'm even in this situation. what does she want?????????????? help anyone? i did file for unemployment and waiting for the interview. another thing, she said she will get in touch with me next week? for what??? **former employer says she will submit my documents to her attorney***

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Attorney answers 4

Best Answer
Posted

First, good for you for getting out a bad work environment. Second, keep any communication from your former employer on record. Meaning only take voice messages and emails and letters. Make sure you have records of her contacting you and what she says.

If she persist in bothering you, you might have a claim depending on how much of a nuisance she is. Most employment attorneys give free consultations. Just keep that in mind in the future when you decide you may need one.

Your hearing should go fine. As one of my other colleagues suggested, try to get another employer to vouch for the bad work conditions. Like another colleague stated, nobody can read your employer's mind, not even the unemployment office. That hearing is going to be used to determine what really happened. The more evidence the better.

Good luck to you.

Any advice, suggestions, answers to questions, directions, either implied or express, are not binding, do not create an Attorney-Client relationship, are not solicitations but merely a generalized response or comment. The facts of every case is unique and requires carefully thought out investigation and research exclusively available during a one-on-one true Attorney-Client consultation including a signed fee agreement.

Posted

Your guess is as good as hours what her problem is. No one on Avvo can read the woman's mind, so there is no way to know why she is making an issue of this. Maybe she thinks you are going to sue her. But you are right, now that you no longer work there, there is nothing to discuss. It is probably best to keep any contact to a minimum.

However, you are going to have difficulty getting unemployment benefits because you resigned. She will surely fight you on that issue. You will have the burden of convincing the EDD and, ultimately, an administrative law judge that you have done everything a reasonable person would have done to keep your job and you were, essentially, forced to quit for a very good reason. Otherwise, you will be denied for having voluntarily quit. If you are denied benefits, make sure you file a timely appeal (20 days). Good luck.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

Joseph E Maloney

Joseph E Maloney

Posted

Michael, I want to say how informative and sound I find your responses to be, including this one. I do think, though, that you are mixing up "constructive discharge" with "quitting for good cause". The latter is a much lower standard, and being forced to work outside your job description may well meet the lower standard, especially if the employee can prove another employee also quit for the same reason.

Michael Robert Kirschbaum

Michael Robert Kirschbaum

Posted

Joseph, thank you for your comment. Yes, I realize the standard between the two legal issues you refer to are different but I do not believe they are much different. From my experience dealing with the EDD, it is almost certain, the Asker will be denied benefits by the intake person as soon as they hear he/she resigned. This is what they do, forcing Asker to have to appeal the decision and convince an ALJ they quit for good cause. Here is what the standard is" Title 22, Section 1256-23 (b), provides: ". . . An individual who leaves work due to mere personal dislike, distaste, or minor inconvenience caused by working conditions leaves without good cause. If the working conditions are so unsatisfactory as to be intolerable to a reasonable person genuinely desirous of retaining employment and prior to leaving work the individual has taken steps to preserve the job . . . there is good cause for leaving the work. An individual who has good cause to leave work for intolerable working conditions is not required to seek an adjustment from the employer prior to leaving work if the employer is unable to remedy the working condition or has previously refused the individual's request for adjustment, or the individual knows that the employer has refused the requests of other employees for an adjustment of the same working condition." Here, the Asker merely said he/she resigned for "certain working conditions", as did another employee. We don't know how intolerable those working conditions were and I try not to read too much into the question. However, if the Asker is reading this, and you wish to be able to collect unemployment, emphasis how intolerable those working conditions were that would cause a reasonable person to quit their job and what you did to try to keep your job before making the decision to leave.

Joseph E Maloney

Joseph E Maloney

Posted

Thanks very much for the detailed information; I will review this material with great interest.

Posted

There is a lot here, but at the same time not much detail to go on. It sounds like your resignation letter states that you were resigning due to "certain working conditions," and that your employer may be trying to make sure that you do not repeat what you saw to others. Your employer is also probably going to contest your claim for unemployment benefits. You are not entitled to unemployment benefits when you resign; however, it is possible you may be able to claim that you were forced to resign because of the conditions you were forced to work under. If so, you should speak to an employment attorney to explain fully what happened. A public forum like this is not a good place to reveal such information.

Posted

My colleagues are offering good advice, but I think you should get your unemployment benefits, because you had "good cause" to quit, because you were forced to work under bad I conditions (you don't say what those are, so I'm assuming the conditions were "good cause" to quit, since another employee quit for the same reason). You are going to need that other employee to attend your hearing to testify to that effect. If you visit the legal guides section of my avvo profile, you will find a legal guide about unemployment benefits you may find helpful.

This response creates no attorney client relationship; consult a local lawyer for help if you proceed.

Dana Leigh Cisneros

Dana Leigh Cisneros

Posted

I agree. This is likely why the employer is rounding people up to say it is a good working environment. And what employee who wants to keep their job wouldn't sign such a statement. Therefore, be prepared to give specific examples. I would also add that you may want to have a staffing agency run a reference check for you before you start interviewing to find out what this woman is going to say to a potential employer. Labor code 1050 makes it a crime for an employer to make a misrepresentation that prevents you from obtaining a new job and labor code 1054 entitled you to an award of treble damages.

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