Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My daughter lives in KY. She passed the Ky. bar last year and…

Customer Question
My daughter lives in KY...
My daughter lives in KY. She passed the Ky. bar last year and is 49 years old and has 2 kids in a rental house. She was a paralegal for a law firm in Louisville for 3.5 years before passing the bar. There was no opening for a female lawyer at this law firm. She applied at other law firms and finally found one just across the Ohio river in Indiana. She started there in March 30th of 2010. After less than 3 months she was told that she was not working out with the partner she was hired to help. Part of the reason was she had not sat for the Indiana bar yet. This firm told her they would hire her and give her a week off in early July to study for the July bar. On Monday, they gave her a choice of quitting or being fired. She did not want "fired" on her record, so she quit and was informed that yesterday was her last day.
Is there any possibility of her getting any financial assisance through unemployment insurance or some other federal or state aid? She says there isn't because she quit.
Submitted: 8 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
6/17/2010
Employment Lawyer: Tina, Lawyer replied 8 years ago
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified

I am very sorry to hear of your daughter's dilemma.

 

She could try to argue that she was constructively discharged since she would have been fired if she did not resign. But it is a more difficult argument to prevail on than if she had been terminated without good cause.

 

It may be worth a try depending on all of the circumstances.

 

In addition, she could have a breach of contract claim if she can prove the employer agreed to keep her on through the IN bar exam and promised to provide her paid time off. She may also have a claim for detrimental reliance against the IN firm if they made assurances and she left her previous job based on those assurances, which turned out to be false.

 

 

Best regards XXXXX XXXXX

Tina

___________________________________________________________________________________

Even if you have a subscription, please press the ACCEPT button so I may be credited and paid for my time by JA and then request follow-up assistance from me if necessary. Positive feedback and a BONUS are always appreciated. Thank you very much.

NOTE: This open forum is for educational purposes only and cannot constitute legal advice based on rules of professional conduct. I understand that you may be disappointed by the answer you received if it is not favorable to your situation. I work diligently to provide you with the correct answer under the law, whether it benefits you or not. Please do not shoot the messenger if it is not the answer you wished to hear. As always, I continue to be dedicated to providing you with professional and courteous service.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
An attorney who has her private practice in the same office
An attorney who has her private practice in the same office as my hiring attorney, used vulgar language in accusing me in the reception area. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,270 satisfied customers
I am a small business owner (restaurant) and have red a
I am a small business owner (restaurant) and have hired a female by all documentation who now has decided to be a male. She wants to be called by a man' s name and use the men's restroom. I am in the … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,270 satisfied customers
I have worked for a monster for 9 years this woman has a career
I have worked for a monster for 9 years this woman has a career long history of working assistants, paralegals, associates to death working for her has sent me to a psychologist and yesterday I was le… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I was hired 7 months ago by a lawfirm, I am a paralegal with
I was hired 7 months ago by a lawfirm, I am a paralegal with 25+ years of experience an am 61 years old. I was put on salary and told I would give work to the lawyer's wife(supervise) but that never h… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I was an attorney at a smaller law firm that did not offer
I was an attorney at a smaller law firm that did not offer health insurance to any of the employees. We merged with a larger law firm one year ago and were told health insurance would be a benefit. I … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I left a position of 10 years to go to another hospital to
I left a position of 10 years to go to another hospital to do the same type of job as a medical records coder. I was there for 1 week and 2 days and on the 2nd day I was asked to come in and they talk… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Good afternoon. What do you call this when you are denied
Good afternoon. What do you call this when you are denied opportunities for advancement; when you are given work that is unproductive; when you have had to fight for comparable pay; when you had to fi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
A school nurse is being terminated because she did not pass
A school nurse is being terminated because she did not pass the Praxis. Does anyone have experience with this and is there any recourse or options in this case?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have an epileptic son who was recently hired by a major financial
I have an epileptic son who was recently hired by a major financial services firm into their Financial Advisor training program. One of the criteria of the program is that he must pass the Series 7 te… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Held position of svp for approximately 18 months at Kotter
Held position of svp for approximately 18 months at Kotter International- base salary of $270K/year plus bonuses of $100K to $250K per year. this is a small lucrative consulting firm employing about 1… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was let go/fired after 29+ years working for a NYC large
I was let go/fired after 29+ years working for a NYC large law firm. I was fired from my job because of something quite riduculous. I was told to lower my radio which I did for a senior associate. She… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have had the same job and same boss for 20 years. The company
I have had the same job and same boss for 20 years. The company recently moved our offices and I went from one of the most elite offices with my firm to a cubicle in the hallway. I have had no previou… read more
Legal Eagle
Legal Eagle
Attorney at Law
Doctoral Degree
381 satisfied customers
I live in Ohio, work for Barnes & Noble, I have been with the
I live in Ohio, work for Barnes & Noble, I have been with the company almost 3 years. A brief history, I was recruited and hired on Sept. 1rst 2008, promised raises and stock options. First year econo… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was employed by a company starting March 2010. Absolutely
I was employed by a company starting March 2010. Absolutely no record of discipline for anything. I am exempt, lead manager, female, 49, employer fired me July 21, 2011 saying I misrepresented her to … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Ive been on owcp for 34 years and have always asked for my
I've been on owcp for 34 years and have always asked for my job back I was employed at naval ordance station in Louisville, ky.. I had a knee injury and had surgery in 1976. Now I have been released t… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Hi, while perusing the Web, I came across your site. Please
Hi, while perusing the Web, I came across your site. Please allow me to briefly state my problem and wonder whether or not there's a potential case for me: I was hired at the end of August to work for… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have been employed for over the past year. From Jan to May
I have been employed for over the past year. From Jan to May I was employed by an 8A firm located in Weirton WV for a construction project located in Johnstown PA. In July the project was winding down… read more
Counselor
Counselor
Doctoral Degree
630 satisfied customers
i am a full time employee who has been transfered to another
i am a full time employee who has been transfered to another store within the same franchise the store i transfered to is curently hiring yet my employer has given me no days or hours to work in 8 day… read more
Tina
Tina
Lawyer
Doctoral Degree
33,167 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x