Do I have a case?
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Do I have a case?
Recently, I was forced to resign because I was accused of time card fraud. The manager who reported the so called incidents to HR, often told my co-workers that I was lazy and that I should quit my job. I had an annual review a week before and he gave me good reviews never stating that I should do more even though I felt like I did a lot the same week I had my meeting with HR and he approved all of my vacation. We were just finishing the meeting around 9:40ish and at 9:42 he approved it all after telling me I may get fired. A lot of people co-workers miss their punch-ins and actually commit time card fraud but he chose to target me. I felt like this manager disliked me and used his power to harass me at the end and actually end up firing me. I sadly don’t have any proof other than the vacation approval and me texting my union steward that he intimidated me. Do I have a case against this hospital?
Asked on April 5, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you do not have a case. Legally, you are never forced to resign: you always have the right and option to refuse to resign and let the employer terminate/fire you, if they want. If you choose to resign, even for good or logical reasons (e.g. to avoid being fired), that is still considered a voluntary resignation or separation from employment. Having chosen to leave of your own free will, you have no case regarding termination: you were not terminated.
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