Can I pursue legal action if an employer said that I had an anger issue after I was cursed out on the job but retained my composure and the employer forced me to get counseling?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I pursue legal action if an employer said that I had an anger issue after I was cursed out on the job but retained my composure and the employer forced me to get counseling?
I am reading that he may have violated the ADA. The counselor found that I did not have an anger problem. The employer gave me a long list of demands, forced me to sign a post-dated resignation letter of his own composition which he threatened to use mid-school year, fired me at the end of the year despite my compliance, and told the DOL that I had not complied resulting in denial of unemployment benefits, which I gave appealed. An attorney with my professional organization said that a private school in Georgia can do whatever it wants.
Asked on August 29, 2015 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Actually, a private school in Georgia cannot do anything it likes--like every other citizen or entity in the U.S., it must obey the law. So
1 You may be fired at any time, despite compliance, if you did not have a written employment contract.
2 However, if you did not do anything which would constitute "for cause" termination e.g. insubordination violating policies or instructions harassing students, other workers, or parents etc. then you should eligible for unemployment benefits and you may appeal the determination that you are not eligible. Non-for-cause termination does not make one ineligible for unemployment.
3 You can't be "forced" to sign a post-dated resignation letter--if you refuse, your employer could terminate you, but then, the employer could terminate you at any time, anyway therefore, you could refuse and let your employer take the next step, and if you were fired for refusing to sign such a letter, you could get unemployment. If you did chose to sign the resignation letter, that could complicate your unemployment eligibility, however, since voluntarily leaving resigning from a position makes one ineligible for unemployment compensation.
3 If you were harassed or discriminated against by your employer because you have a mental or emotional disability or simply because your employer believed that you did, that could constitute illegal employment discrimination and could render your termination wrongful if you could show that the fact or perception of your disability was the reason for the termination.
There are a number of different issues implicated in the question you posted. It would be worth your while to consult with a private employment law attorney to see what your rights are.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.