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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Can you still sue your employer if you resign instead of being

This answer was rated:

Can you still sue your employer if you resign instead of being fired? Outstanding evaluations, no previous disciplinary actions, no counseling for anything for 32 years . New boss of 4 months who has it out for me says I have the attitude problem.

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

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Can you tell me what you would be suing your employer for?

Are you an at-will employee or do you have an employment contract?

Also, did you believe that you were discriminated against due to a protected characteristic (race, gender, national origin, ethnicity, sex, age, disability)?

Finally, did you resign 'in lieu of termination'?
Customer: replied 3 years ago.

For being wrongfully terminated or having to resign. I have broken no laws, no policies just with this new boss she says I have a bad attitude. I am a union employee. I could possible be discriminated against because of age--I've been there 32 years and am one of the highest paid employees

Hello Daniel,

As long as you resign in lieu of termination, you would have a case for wrongful termination since you would be considered to have been terminated.

You definitely seem to have a good grievance case with your union for reinstatement and back pay if you are forced to resign. It definitely doesn't appear that there is any 'good cause' for your termination, since it is supposedly just your attitude, and you never received any verbal or written warnings or critique of your actual work.

You definitely seem like you may have a good case for age discrimination in violation of the Age Discrimination in Employment Act and the Americans with Disabilities Act.

In addition to filing a grievance with your union. I'd highly suggest that you file a complaint with the Department of Fair Employment and Housing.

You can do so using the information available online here:

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Ok thank you for your help.

Thank you Daniel! Happy to help and best of luck!
Hello Daneil,

Just wanted to check in to see if you had any follow up or clarifying questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!