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Employee Claimed to Have Been Coerced and Humiliated into Signing the Resignation Request, but Technical Evidence, Police Report, and Inconsistencies in Testimony Were Determinative for the Justice to Acknowledge the Validity of the Voluntary Resignation, Denying Compensation and Rejecting the Payment of Severance Payments Typical of Dismissal Without Just Cause
The discussion about coercion in resignation requests returned to the center of legal debate after the Labor Court acknowledged the validity of the voluntary resignation presented by a cleaning assistant who worked at a hospital. The former employee sought to overturn her dismissal and also receive compensation for moral damages in the amount of R$ 10 thousand, claiming psychological pressure, humiliation, and false accusation of theft related to a pair of AirPods, allegedly belonging to a doctor at the institution.
However, the process revealed decisive elements: a police report filed days before the resignation request, tracking of the electronic device, and discrepancies between the narrative presented by the employee and the formal time records. This information was disclosed by the Justice of Labor, reinforcing a recurring understanding: alleging coercion requires robust evidence, especially when the facts point in the opposite direction.
Police Report, Tracking, and Testimonies Formed the Core Evidence
According to the former employee, she claimed to have found the device in the men’s bathroom on 3/31/2024 and decided to return it only the next day. However, one piece of information weakened her narrative: the time records indicated that she did not work on the date she claimed to have found the earbuds, even though she had worked normally on 3/29, three days before the resignation request.
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The police report, filed on March 29, 2024, provided relevant details. The doctor, the owner of the earbuds, reported that the object went missing on 3/28, when he returned to the hospital and noticed the absence of the AirPods, which were kept in his backpack located in the rest room designated for anesthesiologists — an area accessible to cleaning staff.
Furthermore, according to the document, the tracking of the device indicated movements of the earbuds to two locations outside the hospital: a container factory in Nova Lima and, later, a square in the Salgado Filho neighborhood. When contacting the company manager, it was discovered that the only on-site employee was married to the plaintiff. The manager also stated that the employee’s husband had attempted to sell earbuds with characteristics similar to those that went missing, a fact that the judge understood as an element reinforcing suspicion.
Contradictions and Absence of Coercion Evidence Influenced the Judicial Decision
During the proceedings, the plaintiff maintained she was compelled to sign the resignation request after being confronted by managers and internal security. However, the court found no evidence of coercion or any flaw in consent that could invalidate the resignation request.
The judge highlighted that the employee presented conflicting versions, created gaps about the prolonged possession of the AirPods, and did not plausibly justify why the object remained in her possession for days before the alleged attempt to return it.
Upon evaluating the body of evidence, the Judiciary concluded that the initial narrative was disconnected from the actual chronology of events and that the plaintiff failed to demonstrate any coercion capable of invalidating the formal resignation. Thus, the resignation request was considered valid, excluding rights such as compensated notice and a 40% fine on the FGTS.
Compensation for Moral Damages Is Denied; Process Moves to the Execution Phase
Based on the same grounds, the request for compensation for moral damages of R$ 10 thousand was also denied, as the claim of unjust accusation and humiliation did not find sufficient support in the evidence. The Justice understood that the circumstances pointed to the omission of possession for several days and not to undue coercion.
Currently, the process is in the execution phase only for the verification and possible payment of salary balance or other legitimate residual amounts. The decision was finalized without the possibility of appeal, reinforcing the understanding that technical evidence and contradictions in testimonies carry decisive weight in labor lawsuits of this nature.
In light of the evidence presented, the contradictions observed, and the tracking of the object, do you believe that the cleaner was telling the truth, or did the Justice and the judge act correctly by validating the dismissal and denying compensation?
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