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.
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