How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wallstreetfighter Your Own Question
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17248
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

I recently tendered my resignation due with my company due

This answer was rated:

I recently tendered my resignation due with my company due to a hostile work environment condition created by my immediate supervisor (a company VP). My resignation was a standard form letter resignation that did not mention any of the specific conditions that led to the hostile work environment (ie. coercion to mis-bill clients, inappropriate comments regarding my hearing loss, threat of retaliation and destruction of career/professional license, etc.); however, I did bring all of these concerns up to my regional HR representative prior to submitting my resignation and provided email evidence of the suggestions to mis-bill clients which I had refused to do.

My question is: since I did not specifically mention the hostile work environment in my resignation letter as directly leading to my resignation (in a misguided attempt to be professional) have I lost the ability to bring these items up if I attempt to fight the forced repayment of a relocation bonus since it was tied to my continued employment in the courts?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

In regards XXXXX XXXXX relocation repayment, the language used in your letter is not determinative,

wallstreetfighter :

you can still argue that you were forced to leave due to the hostile work environment,

wallstreetfighter :

however, you have to provide evidence of this, and any prior emails, or letters complaining of their actions can be used to prove your point,

wallstreetfighter :

You can also bring a constructive discharge lawsuit,

wallstreetfighter :

if they sue you for the relocation bonus,

wallstreetfighter :

a constructive discharge is when the employer forces an employee to leave there job,

wallstreetfighter :

due to the employment condition allowed by the employer.

Customer:

essentially forcing them to leave by making their continued employment so dificult that a reasonable person would have no other choice to leave?

wallstreetfighter :

yes,

wallstreetfighter :

you can counter sue them with such an action,

wallstreetfighter :

and try to prove your case,

Customer:

can the HR person be compelled to testify?

wallstreetfighter :

in a lawsuit you can have the Court order them to appear, and testify,

Customer:

so there conversation and any notes they took of the conversation would have to be produced.

Customer:

*their

wallstreetfighter :

yes, in a civil suit, you can ask for everything through the discovery process,

Customer:

and thank you for the quick feedback this was enormously helpful. You pretty much covered my questions.

wallstreetfighter and 3 other Employment Law Specialists are ready to help you