This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth.
A resignation under pressure is a form of discharge. If the employee had no effective choice but to leave when they did, it was an involuntary work separation, and the employer's chances in the case will depend upon its ability to prove misconduct.
Proving wrongful termination in an at-will state is difficult. Your employer can let you go for no reason at all, so showing that you were fired for an unlawful reason can be difficult. You will need to prove that you were fired for an unlawful reason.
If the employer demanded your resignation, you were fired. You may be eligible for benefits if you were fired for reasons other than misconduct.
"Constructive discharge" - for purposes of discrimination, wrongful discharge, anti-retaliation, and other laws, an employee may be considered to have been constructively discharged if working conditions were so intolerable that a reasonable employee would feel forced to resign.
You might research wrongful termination and constructive dismissal with the Equal Employment Opportunity Commission and the Department of Labor. Speak with an attorney. Schedule a consultation with an employment attorney to discuss your situation and learn if you have a case under your local employment laws .
Unfortunately, Texas is a fairly hostile jurisdiction to constructive discharge claims. If you are considering resigning your job because of badgering, harassment, or humiliation, you should contact an employment lawyer prior to resigning your position.