Do I have sufficiant grounds for a lawsuit?

Question

I was fired for no reason. I won the unemplyment hearing. Now I keep getting phone calls from the people who fired me offering a position that they made up. It's at a store that has cash problems. It looks like a set up to me. You see, I was to receive truck at 7:30 am and it never showed up. I found out that everyone in the store knew it but me. They changed my schedule that day, without telling me, from 7:30-3:30 to 10:00-6:30. So now I was to be at work from 7:30 to 6:30. I was mad. I wrote down on a piece of scratch paper that I wanted to take my vacation and then turn in my two weeks notice. This is what I do when I'm mad, I write stuff down. I saw the boss was in the store, so I went and threw it away. 5 days later she said I was gone, she accepts my resignation. It wasn't a resignation, it wasn't to anybody and it wasn't signed. I won unemployment and now they are trying to hire me back. I think I need to file a lawsuit but want to be sure I have grounds. Can anyone help?

Answer 1

I'm not sure...Didn't you get what you wanted. Can't go back now cause they'll keep a tally on you an get rid of you somehow. They are only offering the position cause they don't want you to collect the unemployment. Da*ned if ya do and da*ned if ya don't.

Answer 2

Don't listen to the previous replies, they obviously don't know what they are talking about. Under uk law (this is the uk site, so i presume u are working in the uk) there are only five potentially fair reasons for dismissal - capability, conduct, redundancy and a couple of others i forget. However, as it sounds like u've been to an employment tribunal and that they've offered you a job back it sounds like you've won a claim for unfair dismissal and the tribunal has told the employer they have to give you a substantially similar job back. If the job you have been given back is a sham then get in touch with the tribunal and they should sort it out. Contact the CAB if you have any further difficulties. Don't listen to the others, they are talking rubbish - I'm a lawyer, not an employment lawyer but i do know a bit of employment law, enough to know you have a case.

Answer 3

Probably you do not have cause for a lawsuit. I say probably for two reasons. First, because this depends upon whether you were an "at will" employee, or whether your employment required that you be let go "for cause". Here, unless you have a contract saying otherwise, you are assumed to be an "at will" employee, and they don't have to have a reason, even to fire you. They could just say that they didn't like the way you dressed or that they didn't need so many people on that shift (the only thing they can't do is to fire you for "protected" reasons, such as racial, gender, or age discrimination).

Secondly, you not only said, "I quit", which could perhaps have been misunderstood, but you wrote it down. One thing you need to realize is that your habit of writing things in anger could get you into a lot of trouble in the workplace. You wrote it at work and left it in the store. Just as you can't come back in the next day and say, "I didn't mean to say I quit," you can't come back later and say, "Gee, that's not why I wrote that." Unfortunately, I'm afraid that you are stuck.

Answer 4

Not a good idea.

Just because it will make it really hard to find a new job. A new employer will be very worried that you are one of those people who file lawsuits.

And going back to your old employer is out of a question too.

Lawsuits suck anwyas.

So the much better idea is to forget your anger (life is too short to waste it to anger anyway) and find a new job.
What you can do instead is talk with your old employer/boss and offer them that for the propose of peace you will not further pursue that case although after winning unemployment it's an indicator a lawsuit might be in your favor too.
Instead what you ask from them are good references and a severance.
Perhaps they agree, depends on your negotiation skills.

And then get outta there and find a new job.

Answer 5

Personally, I think you have won the important part of the case. What exactually would the suit be about, the fact that your resignation / firing was premature? Do you now expect to recieve severance or unpaid vacation time? Frankly, you got unemployment, and even a job offer. I would politely ask for a reference maybe, and find a new place to work. You don't need to work ten hour shifts because of a scheduling error that you are not responsible for. Get a new job, and be glad there was justice in your favor.

Answer 6

hmmm.. if you refuse to accept a position while collecting unemployment, it could stop your unemployment benefits. I suggest you go to your local unemployment office and speak to them about the problem. If you don't want to work there again, ask them what you should do. Give them a good reason that it's not in your best interest to go back to that employer.

Answer 7

Different states have different rules. DO NOT go back to work for them. IF unemployment folk want to give you crap about it let them know its a hostile envornemnt and not really a place to be. Look else were and don't look back. If it becomes a problem get a lawyer. See what he says you need to do.

Answer 8

why do you need to file a lawsuit? you won the unemployment thing, and if you think somethings not right, take the smart and simple route. FIND ANOTHER JOB

Answer 9

i'm pretty sure you can't file charges against an ex employer for trying to hire you back. i'd be happy with the unemployment benefits and start looking for another job.

Answer 10

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