Filed for unemployment due to forced resignation (hostile environment, medical discrimination, changes to job without training, written notice, title change, or pay adjustment, & harassment). Boss said she had authority to fire me, the job “might not be the best fit,” & it would look better for future employment if I resigned - implying I should quit. TWC denied my claim, saying I voluntarily left without giving my employer a chance to resolve the issues. I appealed, had my telephone hearing today. The employer did not register or attend, so their written statement was excluded. I submitted proof that over a 4-month period I attempted to address issues, but management refused to discuss or take action. TWC officer repeatedly asked if my boss directly said, “Quit or be fired,” which she did not - but her actions pressured me to resign. I feel my evidence proves forced resignation, & now I anxiously await the decision. Any thoughts or feedback?
1 comment


Chris Elmeda
I'm sorry you went through such a difficult situation at work. Based on what you've described, it sounds like you have a strong case for constructive dismissal. The fact that your employer didn't even show up to the hearing and had their written statement excluded is actually a positive development for you. Your documentation over the 4-month period showing you tried to address the issues is crucial evidence. Even though your boss didn't explicitly say "quit or be fired," the pattern of behavior you described - the hostile environment, medical discrimination, job changes without proper notice or training, and her comments about the job "not being the best fit" and suggesting resignation would "look better" - can absolutely constitute constructive dismissal under Texas law. The TWC officer's focus on whether she directly said "quit or be fired" is understandable, but constructive dismissal doesn't require those exact words. What matters is whether a reasonable person in your situation would have felt compelled to resign due to the working conditions. Keep your documentation organized and stay positive. The fact that you have 4 months of evidence showing you tried to resolve issues and that your employer failed to participate in the hearing works in your favor. Hoping you get a favorable decision soon!
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