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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I was forced to resign because my employer says i did when

Resolved Question:

I was forced to resign because my employer says i did when i didn't. the administrator assumed i resigned by me asking "IF I were to resign how much notice would you need.? he "stated 2 weeks would be profesional."I responded, "I function professionally". Later I clarified" I didn't resign" and he said" it was crystal clear and we accept your resignation."
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 5 years ago.

1. Can I get unemployment?

2. Can I sue this employer for bullying me out of my job?

3. I what was done to me legal?

Expert:  Joseph replied 5 years ago.
You may be able to receive unemployment by contesting that you were actually terminated from your job through no fault of your own, instead of voluntarily quitting.

Your employer is likely to contest your application for unemployment benefits, however, so you will have to provide information for why you were terminated through no fault of your own instead of quitting voluntarily.

Unfortunately, there wouldn't be any cause of action against your employer for falsely accepting your resignation, unless they did so based on discrimination on a protected characteristic (such as race, gender, sex, or national origin).

If you believe you were discriminated against on the basis of a protected characteristic, you could file a claim against your employer with the EEOC online here:

The EEOC will investigate your claim on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer with a private attorney.
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