Employment Law

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Customer Question
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Hi i m looking for employment law attorney

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time with state agency in TX

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had to resign after PIP would like to file age discrimination case, has worked here more than 7 years

Submitted: 3 months ago.Category: Employment Law
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Answered in 2 minutes by:
1/8/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,317
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Did you sign any severance agreement with the employer?

Do you have evidence that it was only your age that led to the conduct against you?

What is your specific question for us about the situation?

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Customer reply replied 3 months ago
No severance agreement, have emails and signed docs been going thru workplace harassment for more than a year. Can i file unemployment as this is constructive discharge case and should i file case with EEOC & TWC or just EEOC.
Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply. Please refrain from using the "opt out" button, it delays you from getting any replies. Please just use the reply button, as the experts are working with multiple customers at the same time and they all deserve the same time you deserve. Thank you for your understanding and patience.

If you signed no severance agreement and you have the evidence of the age discriminatory comments going around the workplace, then your first step is the EEOC or TWC. If you file with TWC, the EEOC will defer to them. If you file with the EEOC, they will investigate. The EEOC has to issue a right to sue letter to allow you to file in federal court. If you are filing suit in state court, you do not need to file with either the EEOC or TWC, but a finding of probable cause from them would be a big boost to your case evidence.

If you were discharged or forced to resign and therefore constructively discharged, you would be entitled to unemployment benefits. Of course, the employer is going to dispute your claim and you would need to file an unemployment appeal to prove that you were coerced to resign under threat of termination such that this is a constructive discharge.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 123,317
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Experience: 20+ Years of Employment Law Experience

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