![]() Sometimes these agreements are unenforceable or contain certain requirements that your employer cannot enforce. You may have signed a non-solicit, that limits your ability to recruit your former colleagues. You may have signed a non-compete that limits your ability to work for certain competitors for a certain period of time. Your employer must respond to a written request for your personnel record within five business days.Ī lawyer can help you determine what your legal obligations are based on what you have signed. Under Massachusetts law, you can always request a copy of your personnel record or an opportunity to view your record. If so, do you know what your obligations are to your current employer? You may have signed many documents during onboarding or over the course of your job, and you may not remember everything you’ve signed or even have copies of them. Resign months after the bad behavior has ended, and a court may decide your situation was not truly intolerable if you stuck it out for so long.Ĭan I go work for a competitor and hire my favorite former colleagues? Resign when the situation is uncomfortable but maybe not truly unbearable, and a court may decide you quit of your own free will. The timing of your resignation may also affect the analysis. To meet this standard, you usually must prove the employer engaged in a continuous pattern of behavior or acted in a way that is particularly unlawful before a court will find that it created an intolerable situation. The question is whether-based on an objective assessment and not just your feelings about the situation-the conditions under which you were expected to work were so difficult as to be intolerable or unbearable. To hold your employer responsible for the harm caused by losing your job, you have to show that a reasonable person in your shoes would have felt compelled to resign. Generally, when you quit or resign, the law assumes that you acted of your own free will and does not hold your employer responsible for your lost job (or your lost wages and benefits or the emotional distress related to losing your job). If that is the case, you should try to consult with a lawyer before you quit or resign, because quitting may affect your legal options (and you may find that many lawyers are reluctant to take “quit” cases). If you have been experiencing unlawful behavior at work, you may be considering bringing legal claims against your employer for violating the law. ![]() Now that I have quit, I want to sue my employer. When you quit, the burden will be on you to show that you should receive unemployment. In Massachusetts, if you choose to resign, you will not be eligible for unemployment unless you show that you left (a) for good cause attributable to your employer or (b) for urgent and compelling personal reasons. ![]() You may not be able to collect unemployment if you quit. But quitting your job will affect your legal rights, so before you resign, here are some things to consider. And there may be compelling reasons to leave immediately. ![]() If you are an at-will employee, you have the right to quit your job at any time. ![]()
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