Q: Would someone loose a lawsuit or not be able to file if they where given choice to resign or retire or be fired
Question had little room to give exclamation. But what I mean is for name sake let’s say Donna works a job. Donnas boss Scott (again for name sake not a real name) gives her three options. Let’s say Donna is retirement aged. So Scott says to make a long conversation short. Donna you can resign, retire, or I am going to let you go. Now this termination would be a violation for what she’s being fired for and she could get a wrongful termination suit. But she chooses retirement so that she can still make a income. But let’s say she decides to go to court for it. How would it be different if she forced them to terminate her rather then take retirement or if someone was to resign?
A: Generally speaking, in order to prove she was unlawfully terminated in your scenario, Donna would need to prove (among other things), that she suffered an adverse job action. Donna could claim she was constructively discharged if she was forced to resign or retire, in lieu of termination to meet this requirement. However, more information is needed to analyze your scenario to determine if Donna can satisfy the remainder of the requirements to prove her unlawful termination claim for her lawsuit. You should contact an employment law attorney in your area to discuss.
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