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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 29204
Experience:  Began practicing law in 1992
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Was recently coerced to resign at our City Hall where I worked

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Was recently coerced to resign at our City Hall where I worked for almost eight years. I live in Kentucky, an at will state, but I was wrongfully terminated. I was a cashier and left the keys to my money box out on my counter under the scrutiny of the security camera. Our money boxes are locked in a big vault. After hours a supervisor came back in and on the tapes picked up my keys, opened the vault, took cash, put my keys back. She was fired at 11:00 a.m. And I at 2:00 p.m. same day. The kicker - she was the only black woman in the whole city business offices and I am white.
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Is there a specific question I could assist you with?
Customer: replied 2 years ago.
Do I have a chance to win if I were to sue for wrongful termination or reverse discrimination?
Expert:  Dwayne B. replied 2 years ago.
How did they "coerce" you to resign?
Customer: replied 2 years ago.
Either I sign that I resign or be terminated for leaving my keys out. They said we had a policy to keep our keys with us, but there was no such policy. Maybe verbal. But I left them out specifically under the camera.
Expert:  Dwayne B. replied 2 years ago.
Unfortunately, and I hope you understand that I don;t make the laws, you are going to have a tough time winning a case.

The phrase you are going to want to use is "constructive termination". That is what happened to you.

You can certainly pursue a case but as I said it is going to be a tough case to win. It might be different if they hadn't fired her as well but there is no evidence that you've set forth in your facts that makes it a wrongful termination, constructive or otherwise.

The "employment at will" laws are extremely difficult to overcome. Under that scenario the employer can terminate you for any reason, no reason, or even a wrong reason just so long as it is not an illegal reason like race, age, gender, etc.

Please ask any follow up questions in this thread.
Customer: replied 2 years ago.
I was afraid of that. They beat me out of my chance to have health insurance for life by terminating me before ten years of service. It is wrong. I am trying to come to terms with that. They also said I will not be able to collect unemployment. To fight that will I need an attorney?
Expert:  Dwayne B. replied 2 years ago.
Maybe not. You can apply for it and see if it is approved and if denied then hire an attorney to handle the appeal.

They are going to try and say you quit and aren't entitled to unemployment but just claim it is a "constructive eviction" and you have a pretty good shot.

If they claim it was for "good cause" then the argument that you make is that there was no written or oral instruction to you not to leave the keys out.

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Dwayne B., Attorney
Category: Legal
Satisfied Customers: 29204
Experience: Began practicing law in 1992
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