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