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  1. #1
    Join Date
    Aug 2007
    Location
    Georgia
    Posts
    8

    Default Forced Resignation In An At-Will State, Georgia

    I resigned by email stating b/c of 17 weeks of ongoing, unresolved harassment/retaliation issues that were still present in my office.

    I had 9 unjustified disciplinary actions and one occurence of workplace violence. I believe this was cause for a couple of reasons: FMLA leave, participating in an investigation where I advised HR of unethical and maybe illegal acts and because of a disability (Uncontrollable hypertension) that my company was made aware - they denied my request for optional addtl life insurance. (The day after the email advising same was sent I was disciplined unjustly for "misconduct").


    After several emails/participation in an investigation, request to transfer to another office (my annual review stated I always exceeded my goals) it became clear HR was not going to actually do anything to assist me. The "investigation" is still ongoing.


    Bottom line, I resigned after my doctor advised I could be jeopardizing my health and realized above.

    My UI was denied but I do a an in person appeal hearing. I have all sorts of documentation. Any suggestions?

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Forced Resignation - At Will State (GA)

    In addition to the unemployment compensation case you may look at possible wrongful discharge or termination as even though you are in an at will state you cannot legally be forced to resign on the basis of being a whistleblower or because you were on medical leave, etc. I'd advise contacting an attorney who practices in the civil rights/employment discrimination arena. And on the unemployment issue just get all your documentation ready in contending that you were forced to leave your employment and your employer did not have just cause to force you out.

  3. #3
    Join Date
    Aug 2007
    Location
    Georgia
    Posts
    8

    Default Re: Forced Resignation - At Will State (GA)

    Please tell me the best way to find an attorney, preferably one that has had dealings with the Company before and maybe a similar case. I have searched online and suprised I've had no luck.
    Is it OK to post on here what Company I am referring to?

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Forced Resignation - At Will State (GA)

    Quote Quoting Mensa_Chic
    View Post
    Please tell me the best way to find an attorney, preferably one that has had dealings with the Company before and maybe a similar case. I have searched online and suprised I've had no luck.
    Is it OK to post on here what Company I am referring to?

    I would NOT post the name of the company, that way, there is NO possible way it can be used against you. Not that it could mind you, but it is best to avoid giving them any ammunition.

    Call or visit your local Bar association and explain all your facts and have them refer you to an employment/labor law firm.

    Best wishes.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forced Resignation - At Will State (GA)

    Actually, it could be used against him/her if the company chooses. You can be certain they have their own version of the events.

    I'm not as certain as the other posters that you have any kind of legal claim here, since GA's employment laws are very, very weak. But it certainly can't hurt to run the question by an employment attorney; the details you have not provided to us could make the difference.

  6. #6
    Join Date
    Aug 2007
    Location
    Georgia
    Posts
    8

    Default Re: Forced Resignation In An At-Will State, Georgia

    Thanks for the reply; however, the atty issue came up b/c of possible whistleblower and ADA issues.
    I'm definitely not an attorney but I think these are laws are federal and not specific to state laws.

    Bottom line, who cares if Georgia has, as you've said, very weak laws??

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Forced Resignation - At Will State (GA)

    It clearly depends on GA case law. If conditions were so intolerable to stay/work there that your doctor told you to get out or your health would suffer, I personally would call that a constructive discharge.


    Employers hound and hound then when you can't take it anymore and quit, they say you resigned, a court of law may see it different, UC decision notwithstanding.


    Most probably your denial can eventually be appealed to state court as an Admistrative appeal.

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