Q: I just quit my job after a year and a half and they made false accusations towards me threatened me legally can i sue?
They accused me of stealing forms, client data, volunteering in other counties as i had permission from my boss to work with other counties. They also accused me of deleting data off computer all of this happened when i made a complaint after HR was VERY RUDE, after my doctor told me to take a leave of absence due to stress related issues. My doc said I qualified for fmla but not short term disability as i was out for a week. HR said I had 3 days of no pay and that was after pto. I asked how that works with being paid salary...no response just that it would reflect my paycheck. Then after her coldness and her rudeness on the phone i quit. Then had all these allegations thrown at me and would destroy my career. The facility I worked for was the addictions care center of albany ny where i built a family support navigator program. I also trained and supervised a coworker without being paid for it. I offered to make up the hours in that 2 week pay period and was told no. i need help badly.
A:
Constructive discharge is very difficult to prove. You must show that a reasonable person would not have continued working.
If you qualify, apply honestly for unemployment benefits. If you are unable to recover unemployment compensation, assuming you may need to appeal a denial of benefits, a discrimination charge might be even more challenging.
You have 300 days (after you quit or were fired) to file with the EEOC and 1 year to file with the New York State Division of Human Rights, assuming your facts strongly support discrimination of some type. The theory under which an employment lawyer might pursue your claim could differ from the theory you think is best. Remember that an employer's legitimate, non-discriminatory reason (including showing that a constructive discharge is actually a voluntary resignation) could shut down a discrimination charge.
Seek local legal counsel to help you. Someone needs to sit down with you for a few hours to assess you along with evidence you might possess. Should contingent fee lawyers decline representation then retain someone to help you.
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