Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I had to leave a nursing job at a hospital due to bullying…

I had to leave a...
I had to leave a nursing job at a hospital due to bullying and harassment and retaliation. I left February 6, 2018. I never resigned but it was constructive termination which I;m currently pursuing both here on this site and with another lawyer who I'm unhappy with. Can I receive unemployment if my status with the hospital is "resigned"? Thank you.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
3/6/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,164
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

You can, but it is rather difficult. When your status is "resigned" the default determination by the state is that you are disqualified for unemployment. That presumption is rebuttable, but the burden is on you to prove the constructive discharge.

You'd have to basically establish two things.

1. That your conditions in the workplace were such that any reasonable person would have left, if in the same situation.

2. That you addressed these concerns with your employer, who had the chance to cure and did not.

If you can establish those two things, then you have an argument for constructive discharge which can lead to unemployment qualification.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Thank you. The nurse manager who suddenly claimed that I was a physical threat to her when I did not consent to sign off on her poor four month review of me scared me so badly that I might get arrested while at the hospital, that I handed in my badge to show that I was not a threat to anyone. When HR contacted me to tell them my story, they emailed back, "We would love to talk to you but we don't work with lawyers", and they also refused to allow me to bring my laywer to a phone meeting. After being falsely accused of being a threat to this nurse manager, there was no way I would talk to them without legal protection. I have these emails. Would that help me establish that I could not effectively tell my story/give my documentation of the harassment to the hospital?

Unfortunately, they can legally refuse to talk with you with representation. This isn't a criminal law matters, so you aren't legally entitled to have representation during a discussion with the employer.

However yes, the emails would help to show that you explained the situation to the employer. The issue I see though is that they offered to speak to you and you refused. I understand why you did so, but that could have a negative impact on your ability to show that the employer refused to try and work with you. They did, though they refused to work with the attorney which they can legally do.

I do not think that completely ruins any chance of getting unemployment, but I do think you have to address your refusal to talk to them with the state, so that the state understands your position and doesn't find that you were being unreasonable there.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Thank you. The nurse manager is currently talking about me on the unit. I have texts from a colleague on the unit who has told me that she is telling other nurses on the unit that I handed in my badge to her and resigned. None of that happened. In addition, I think it's illegal or at least defamation and/or slander for her to be talking the staff about my employment and my case. Please advise and thanks so much again. I'm just so scared of not being able to get future employment and that my reputation is badly damaged by her at this point.

It is not either illegal or slander for an employer to talk about an employee's employment status, so that isn't helpful necessarily. There is no confidentiality in an employee's employment status, though many commonly think there is.

Where it can become illegal is if the employer makes false statements. Then it can be defamation of character, but typically only against the individual making the claim. You could sue that individual manager in small claims court, which often has the effect of causing a person to stop lying.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,164
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
I don't mean status as in whether or not I am employed. She is discussing my conversations with her to the other staff, my work there, and how I left.

And that is not illegal by itself. Again, for anything said about you to be illegal, it has to be false.

If she were telling 100% truth about your conversations, how you left, what you said, etc. then there would be nothing illegal about that at all. There is no confidentiality in employment status, conversations, meetings, etc.

When she makes false statements, those can be defamation of character and that is it.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
She is falsely stating that I resigned in her office and handed her my badge. She is also falsely reporting that I threatened physical harm to her.

Yes and those false statements (and only those) can form the basis for a defamation of character claim directly against her.

I was not saying you didn't have a claim. I was just framing what your claim could cover. Just the fact that she is talking about what happened between you is not enough. Some people think there is some sort of confidentiality in these sorts of matters and I was making it clear that there is not.

Your claim would have to directly focus on the false statements.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,164
20,164 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,164 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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.

< Previous | Next >

Related Employment Law Questions
I have a boss that is constantly bullying me with words
I have a boss that is constantly bullying me with words about my work and it is as if he is on a witch hunt trying to make trouble. It is getting to the point that I am very intimidated and am making … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,176 satisfied customers
I am concerned about retaliation with regard to an event
I am concerned about retaliation with regard to an event that took place at work. If I am terminated stemming from that am I able to seek compensation? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have some questions regarding constructive discharge.
I have some questions regarding constructive discharge. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,164 satisfied customers
I believe that have case of retaliation for whistleblowing,
I believe that have case of retaliation for whistleblowing, which happened while ago. the question is this a case and what could be time limits for this … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I believe I was terminated from employment as retaliation
I believe I was terminated from employment as retaliation form me speaking up for myself when my direct supervisor called me lazy as I was reporting to my station. I had been documenting and taking pi… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is a whistleblower retaliation. I was involved in a
This is a whistleblower retaliation. I was involved in a whistleblowing of USPS and I left USPS. About 1.5 year after I left the USPS, this USPS retaliate by alleging I own them money (my part of heal… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I was harrassed and retaliated against by supervisors
Good morning.. I was harrassed and retaliated against by supervisors protecting a man that was impersonating an employee. This man was also harassing me because I would not comply. Now that I have s c… read more
Damien Bosco
Damien Bosco
4,199 satisfied customers
Considering an involuntary resignation due to retaliation.
Considering an involuntary resignation due to retaliation. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
How can I make the case for constructive discharge regarding
How can I make the case for constructive discharge regarding unemployment benefits? The former employer says I resigned.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Esq.: How can I make the case for constructive discharge
For Law Educator, Esq. : How can I make the case for constructive discharge regarding unemployment benefits? The former employer says I resigned.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,878 satisfied customers
I was terminated retaliation for making several complaints
I was terminated retaliation for making several complaints to management about illegal activity. My employer falsified the reason for my term and accused me of something that I did not do. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,164 satisfied customers
I was terminated from my job and was denied unemployment. Is
I was terminated from my job and was denied unemployment . Is there anything I can do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I feel I was terminated from my job due to retaliation from
Hello, my name is ***** ***** I feel I was terminated from my job due to retaliation from bringing forth my job concerns to the HR department. I was following the hospitals chain of command by speakin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,789 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was terminated due to retaliation, although it was
I was terminated due to retaliation, although it was disguised as a reduction in force due to lack of funds. I am experiencing extreme stress, and I am taking anxiety medication and have sought therap… read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 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