Do I have a case?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 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.

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