Can I sue my former employer for wrongful termination if I was forced to either resign or be terminated)?

I suffered a back injury at my former employer about 8 years ago and when I hired with my last employer I listed myself as working disabled. I became ill and I was also diagnosed with pain induced depression a few months later. I was denied FMLA after waiting for an answer from management for months. I was called by my bosses boss and was told I was no longer needed. In this conversation I revealed that my direct boss released private information to a 3rd party and had her husband call my mothers office to verify facts about her health. I was then given the option to resign or be terminated.

Asked on July 10, 2012 under Employment Labor Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written I do not see the factual basis for a wrongful termination action by you against your former attorney. In essence, you were previously injured at another job site and seemingly were just not physically able to do the job that you were hired to do at your last job site.

Due to your failure to do the work that you were hired to do as a result of physical issues you were given the ultimatum to either quit or get terminated.

I see nothing wrong that your former employer did warranting a wrongful termination claim by you. However, you should consult with an attorney who practices labor law for another opinion on your question.


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