Can I file for unemployment or refile for workers compensation if I was intimidated into resigning my job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I file for unemployment or refile for workers compensation if I was intimidated into resigning my job?
I was at my company 5 years; I hurt my knee on the job. I was out 6 weeks but then came back to work gradually with light duty and going to physical therapy. Because they had me at reduced pay I went back to work full-time. My knee is still not 100%. But after 2 weeks I was sort of blackmailed into either resigning (they said I would get good character reference) or getting fired for “misconduct”. So I resigned. Was this a legal and what can I do?
Asked on July 9, 2011 under Employment Labor Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Blackmail means that they have something on you and they are forcing you to do as they wish in by holding that "something" over your head. Maybe this is more like harassment and forcing you to resign. The general rule regarding the right to receive unemployment benefits is that you have to have been let go "through no fault of your own." They tried to cover their basis here by having you resign (quitting does not generally qualify) or firing you "for cause" which also does not qualify to collect benefits. But many states have carved out exceptions to the resigning matter in case law and allow a person who has been put in a position that gives them no choice but to quit the opportunity to collect benefits. You need legal help here both on the issue of filing for unemployment and filing a complaint against your company. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.