Legal Question in Employment Law in California

fraudulent resignation under duress from employment

we were verbally terminated and then made to sign a resignation paper that doesnt look legal or that it is made up by employer and says nothing that we wrote it or signed it , only that we signed recieving it. how can we fight this nad find out what is right. is there a legal format for a resignation nad should it be notarized or signed by a witness ?? this is to deny our unemployment benefits and has been done to previous employees by the same employer.

thank you !


Asked on 11/09/01, 2:16 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: fraudulent resignation under duress from employment

If you are denied unemployment benefits, you may appeal that decision. You would be well served by obtianing representation(it should cost no more than $ 500.00 for representation for the appeal). Please call me directly at (619) 222-3504

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Answered on 11/10/01, 8:28 pm
Ken Koury Kenneth P. Koury, Esq.

Re: fraudulent resignation under duress from employment

How did they "make" you sign? did they have a gun? there is no legal format for resignation. it does not even have to be in writing. To cancel a contract for duress or other grounds requires that you file a lawsuit and ask the court to declare it invalid, which the court may or may not do. You are looking at several thousand dollars in attorney fees.

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Answered on 11/10/01, 1:23 am


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