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Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience:  Review contracts for major corporations
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My mother was forced to resign from her job of 14 and 1/2

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Hello. My mother was forced to resign from her job of 14 and 1/2 years this past thursday. She worked in the housekeeping department at a retirement home. She took a broom stick that was in the trash and supposedly this is the reason that she was going to be terminated. She was told that she either resign or that they would fire her and tell everyone the reason that she was fired. My mom asked her boss if she could call me and ask me what to do but they denied her the phone call. They also told her that is she resigned that she would still be able to collect unemplyment which I dont think is true. This is definitley not right and would like your opinion to see if I have a case here for wrongful termination. Thanks!
Submitted: 7 years ago.
Category: Employment Law
Expert:  Jack R. replied 7 years ago.

An employer can terminate for any reason that does not discriminate based on protected classes such as age and gender. If the employer told her she could quit and collect unemployment this is not correct. A voluntary termination will not allow for unemployment benefits.

If your mother is denied unemployment she can relate the facts of her resignation, and in dictate that the resignation was not voluntary, and obtained by fraud.

If your mother believes there is a other reason based on age (over 40) or other discrimination she should contact the Equal Employment Opportunity Commission and file a claim.

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