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what if my boss asked me to do something illegal and I qui

Customer Question
t?...
what if my boss asked me to do something illegal and I qui t?
Submitted: 8 years ago.Category: Employment Law
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11/4/2009
Employment Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
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You can quit. You would be eligible for unemployment under a constructive discharge claim given that they were asking you to engage in illegal activity. You may want to report this to law enforcement, inorder to have some evidence supporting your discharge, otherwise it will be your word against theirs if there is no evidence.

You may also wish to contact your State's Bureau of Labor to see if you can file a complaint about your employer through them.




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Customer reply replied 8 years ago
where would I find this in the law books? Under constructive discharge claim? I need to know where to find this claim in the law. when I quit I went to the company that they attemted to rip off and told them they have sence settled.
Employment Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
Not every piece of law will be found in a law book. You can find it under caselaw. Constructive discharge is based on a case by case basis. For your state, the following case has establish what is constructive discharge.

McGanty v. Staudenraus, 321 Or 532, 557, 901 P2d 841 (1995):

"[T]o establish a constructive discharge, a plaintiff must allege and prove that (1) the employer intentionally created or intentionally maintained specified working condition(s); (2) those working conditions were so intolerable that a reasonable person in the employee's position would have resigned because of them; (3) the employer desired to cause the employee to leave employment as a result of those working conditions or knew that the employee was certain, or substantially certain, to leave employment as a result of those working conditions; and (4) the employee did leave the employment as a result of those working conditions."



Further, the following statute provides you with the grounds for disqualification. The highlighted section of the statute provides that you would not be entitled to unemployment for voluntarily leaving without good cause. You would have good cause since the employer was asking you to commit a crime.

657.176 Grounds and procedure for disqualification; rules. (1) An authorized representative designated by the Director of the Employment Department shall promptly examine each claim to determine whether an individual is subject to disqualification as a result of a separation, termination, leaving, resignation, or disciplinary suspension from work or as a result of failure to apply for or accept work and shall promptly enter a director’s decision if required by ORS 657.267. The authorized representative may address issues raised by information before the authorized representative, including but not limited to the nature of the separation, notwithstanding the way the parties characterize those issues.

(2) An individual shall be disqualified from the receipt of benefits until the individual has performed service in employment, as defined in ORS 657.030 (2), in this state or in employment, as defined by a law equivalent to ORS 657.030 (2), in any other state or Canada or as an employee of the federal government, for which remuneration is received that equals or exceeds four times the individual’s weekly benefit amount subsequent to the week in which the act causing the disqualification occurred, if the authorized representative designated by the director finds that the individual:

(a) Has been discharged for misconduct connected with work;

(b) Has been suspended from work for misconduct connected with work;

(c) Voluntarily left work without good cause;

(d) Failed without good cause to apply for available suitable work when referred by the employment office or the director;

(e) Failed without good cause to accept suitable work when offered;

(f) Has been discharged or suspended for being absent or tardy in reporting to work and the absence or tardiness occurred as a result of the unlawful use of any drug unless the person was participating in a recognized drug rehabilitation program at the time of the absence or tardiness, or is so participating within 10 days after the date of the discharge or suspension, and the person provides to the Employment Department documentation of program participation. As used in this paragraph, “unlawful use” does not include the use of a drug taken under the supervision of a licensed health care professional and in accordance with the prescribed directions for consumption, or other uses authorized by the laws of this state;

You can review the entire statute here

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


 


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