Legal Question in Employment Law in Texas

Employment Issues

I resign yesterday from my employer before they terminate me. The reason for that because my job will terminate if you have 10 absences. The reason for the absences, back in March 2008, my father died. I have to go out of town to deal with his death. They gave 3 the days of bereavement, & was only able to take 4 days that I miss off my record, but i still had absences sitting there. I get a letter from Human Resources saying they denied my Leave Of Absence because a death in the family is not a legitimate excuse. Is this probable cause to file a lawsuit against my employer ????


Asked on 7/25/08, 4:29 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Employment Issues

Unless one has no need for money or has another job, one should not "resign" as you are not entitled to unemployment benefits. Now you have to argue constructive discharge...ie they caused your resignation...And since employers can fire or employees can quit when they want..you have no case in my opiinion..

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Answered on 7/26/08, 9:38 am


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