Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > OHSA, State, & Federal Labor Laws Posting Requirements > Tennessee Labor Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 08-22-2006, 03:00 PM
willard willard is offline
Junior Member
 
Join Date: Aug 2006
Posts: 2
Question forced out of my job?? Tennessee

Just a little background on my situation: I started with this company in Tn 8/04 as a branch manager. Was very successful for first year, then got transferred to a new office opening (which meant I was starting from scratch). This office was not as profitable as my previous one. Shortly after I opened the new office, I was informed by my supervisor that an anonomys letter had been sent to our Regional Vice President from a current employee stating that I had an alcohol problem and come to work drunk. This is farthest thing from the truth. Afterwards, I was treated differently by other employees. I know this letter was placed in my employee file which would hinder my opportunities for advancement with this company. Soon after, I was made to sign a contract which had certain goals that HAD to be met or I would be terminated. These goals that were set were VERY unattainable within a 3 month period, which was also stated by several other employees. I turned in my letter of resignation and 2 week notice two days before the scheduled meeting about the goals that were not even close to being met through no fault of my own.

My question is: Can you get unemployment if you feel you were forced to resign??

Thank You
Reply With Quote
  #2  
Old 08-23-2006, 04:45 AM
Pattymd Pattymd is offline
Senior Member
 
Join Date: Jul 2005
Posts: 27,688
Default

It's unlikely, but it can't hurt to try. There's no penalty for being wrong.

I do have to say, though, that I'm not sure I'd want to work for an employer who took an anonymous letter alleging a certain activity for gospel truth and placed it in the employee's personnel file. Generally speaking, reputable HR professionals treat such anonymous allegations as virtual trash, unless the employer has some independent reason to believe the allegation might be true.
Reply With Quote
  #3  
Old 08-23-2006, 05:13 AM
turbowray turbowray is offline
Senior Member
 
Join Date: May 2006
Posts: 4,362
Default hmmm

I agree with Patty, but I must add, that you were not forced to resign, you chose to do so, to avoid being fired for not reaching the goals. I don't know if,since you quit, if you could get unemployment?
Reply With Quote
  #4  
Old 08-23-2006, 09:11 AM
rjc rjc is offline
Senior Member
 
Join Date: Apr 2006
Location: Massachusetts
Posts: 1,176
Default

And I will be the third to agree that it is unlikely, but you can only true find out by filing.

Additionally, it is certainly more likely than not that you will be disqualified at the initial level, however be certain to appeal that determination and request a hearing before a Referee.

In the course of the hearing you will have a far better opportunity to explain your reasoning.

I would also suggest that you subpoena certain documents, most especially your personnel file and the "contract" that set these unattainable goals. The burden will be upon you to demonstrate that you quit with good cause attributable to the employer. In other words, that you had no choice but to resign for reasons such as the job become untenable. This anonymous, and potentially libelous, letter might have some causal connection to these heretofore unheard of goals ... just a thought for your argument.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
What are examples of nontaxable dividends and interest? Tennessee qacrawler Tennessee State and Federal Tax Law 0 06-29-2006 10:39 PM
job forced me out, nj bebbz2300 Maternity Leave - Pregnancy Laws 3 08-09-2005 06:53 PM
1099 - would job be worth it? DK1000 Federal and State Tax Law 5 06-07-2005 06:42 PM
Appellate Division - Affidavit in Support of Order to Show Cause Sam Sloan Hiring and Firing 0 04-20-2005 10:12 AM
Is this job discrimination? The Guy Legal Lounge 4 04-11-2005 06:35 PM


All times are GMT -8. The time now is 10:14 AM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming