Can I sue my last job?

UPDATED: Sep 30, 2022

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Can I sue my last job?

Outside of work I was raped and reported it to the law. After the event I was emotionally unstable abd was put on fmla. While on fmla I left the state paranoid/delusional from extreme exhaustion and lack of proper nutrition and the trauma. While in that paranoia I drove cross country and at some point

that I do not recall I resigned from my job on a call that they stated

Asked on August 10, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) You resigned. Either you were mentally competent at the time, in which case you are held to your resignation; or if you were not mentally competent, you could be terminated, because an employer is not required to employ someone who is not mentally competent. The fact that they allegedly knew you were not mentally stable does not change that basic paradigm: a competent person can resign, even if doing  so is unwise; an employer cannot be forced to employ a mentally incompetent person, since such a person puts them at risk of disruption and liability and cannot legally do many work functions.
2) There is no obligation to *ever* make someone a permanent employee: they can be kept seasonal or temporary forever.
3) There is no obligation to give employess paid time off.

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 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.

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