NEVER Make These 3 Mistakes at Work (Lawyer's Warning)
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E
Ed Hones

NEVER Make These 3 Mistakes at Work (Lawyer's Warning)

TL;DR

These three everyday workplace mistakes silently strip your legal rights before you ever realize you needed them.

Key Points

  • 1.Mistake 1 — Using PTO instead of FMLA: FMLA gives you 12 weeks of job-protected leave for serious medical reasons; using PTO instead removes all legal protection, letting employers count absences against you or fire you without consequence.
  • 2.How to invoke FMLA: Explicitly request FMLA leave in writing, stating "I need leave for a serious health condition." Employers are not required to tell you that you qualify — they benefit from your silence.
  • 3.Mistake 2 — Doing an exit interview: Exit interviews are documented and go into your personnel file; if you later sue for discrimination, your own words ("I'm leaving for better opportunities") become the employer's strongest defense evidence.
  • 4.Mistake 3 — Quitting instead of making them fire you: Voluntarily resigning forfeits wrongful termination claims and unemployment benefits in most states; the HR line "it'll look better on your record" is a deliberate trap since employers rarely verify resign-vs-fired status anyway.
  • 5.The constructive discharge trap: While quitting due to intolerable conditions can qualify as "constructive discharge," the legal bar is extremely high — employers know this, which is exactly why they pressure you to resign rather than terminating you.

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