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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118112
Experience:  20+ Years of Employment Law Experience
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I am giving my 2 weeks notice tomorrow due to the fact that

Resolved Question:

I am giving my 2 weeks notice tomorrow due to the fact that I have been harassed and discriminated against. I am wondering if I should need to (which I am not sure if I do or dont at this point). Will I be eligible for unemployment benefits?
Submitted: 6 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 years ago.
If you can prove the harassment was based on your age/race/sex/disability only then you should file a complaint with the EEOC first. Also, be aware if you give 2 week notice they can terminate you immediately and you need to be aware of that and that under Texas law unused vacation time does not have to be paid out upon termination unless there is a written policy. If you are able to prove the discrimination and harassment was based only on your age/race/sex/disability then you would be eligible for unemployment.

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Customer: replied 6 years ago.
I have been harassed since the day I got back from being off for workers comp. My boss has been making up stories that I didnt do, trying to get me fired. He has not offered me any sympathy on my injured hand, if not had me work more. Whould that qualify?
Expert:  Law Educator, Esq. replied 6 years ago.
He is not obligated to offer you sympathy. However, if you can show this harassment is based on your filing a workers compensation claim or him treating you as permanently disabled, then you have a valid harassment/retaliation claim and you need to get to a local employment law attorney for evaluation of your evidence and you SHOULD NOT just give your notice right now because many attorneys want the employee to continue working while they bring suit for retaliation and possibly discrimination.
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