Hayward, CA asked in Employment Law for California

Q: I did not voluntarily quit my job my employer forced me to resign with my permenant work restrictions.

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You have not asked a question so I am not sure what you are looking to find out. No one is forced to resign unless there is a gun to their head. If you resigned because of some kind of threat from the employer, then more would need to be known about the threat.

If you had permanent work restrictions that prevented you from doing the essential functions of your job, even with accommodations, and there were no other open positions within the company that you could perform that was not a promotion, then it was legal to terminate you or "force you to retire" as you put it. However, if you could have been reasonably accommodated so that you could perform your job without creating an undue hardship on your employer, then the employer may have violated your rights under the Fair Employment and Housing Act.

Therefore more would need to be known about your situation before someone could tell you if you have a meritorious legal claim or not. Locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

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