Legal Question in Employment Law in California

Being forced to resign from job of thirteen years.
I am being forced to leave my job by 10/15/01, my boss was given a choice between me being fired or another employee was going to leave. This other employee has been nothing but trouble since he came to work here, and I personally have taken many complaints about him and passed them on to my boss with nothing being done to him (sexual and harrassing comments). I was put in a position where I controlled the money and was aware of what was being spent and often had to tell my boss about what this other employee was doing and so I am unliked by this person because of this. Well now it has come down to that I have to leave. My boss has had a resignation agreement form made up and wants me to sign it but it is written up as if I am leaving on my own free will not that I am being forced. Is this right for them to do this. Shouldn't it say something about the truth of the matter?

Asked on 8/30/01, 4:27 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: Being forced to resign from job of thirteen years.

Thanks for your posting. You have, frankly, a difficult situation. On the one hand, you seem to be an "at will" employee... and that means you can be fired for any reason. On the other hand, the fact that you have complained about a work environment that may be harassing might lead to a conclusion that you are being fired because of your "blowing the whistle" on this other employee. The question really is how much of the connection between your firing and your complaints about this employee's illegal activity. Although caselaw suggests that the signing of an agreement saying you left voluntarily may not be valid, you should not sign the agreement if it is not a true representation of the facts, in my opinion. You might have a case, and I invite you to call my firm or another attorney to review the evidence and perhaps take your case on against the company.

Answered on 9/30/01, 11:50 pm

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