Legal Question in Discrimination Law in Connecticut
How far is too far?
I failed to notify plant HR.of a non workplace sexual harassment complaint.Harassement was in form of ''asking to be his lover.'' My actions were:Male worker was read sexual harassment policy+ongoing observations @workplace. He transferred to another shift&line. NOTE: Female made complaint AFTER a probationary performance review. 5 months later this same male worker was accused of similiar harassment x different female co-worker.She notified Corporate HQ, because her manager(a female),told her she did not believe her (this was documented xHR. I no longer have my job,because I failed to notify plant HR.The other female manager kept her position.The male coworker was given 3 days off. Testimony x first female (my employee) to her coworkers, after she learned of my resignation,admitted she was satisfied by my follow up actions. Note: my former employer is challenging my unemployment insurance claims,because I resigned. (they took my salaried managerial position & offered an hourly position @ unknown shift.)
1 Answer from Attorneys
Re: How far is too far?
The fact that you resigned is cause to object to your unemployment. You are entitled to unemployment only when you are terminated by the company without cause. If you elect to quit (resign) you lose employment because of your actions, and are not entitled to compensation - the reason is that you could have kept your job and not resigned. The only possible exception is that you resigned under pressure from the company. If a company "forces" a resignation, the company may have to cover the unemployment compensation as long as the company does not prove that they could have fired you for "cause." Firing for "cause" maens that the company was justified in its firing because of some action on your part. For example, if you steal from a company it is justified in firing you and you will not get unemployment compensation. However, if the company forces you to resign or fires you, and there is not just cause, you are entitled to the unemployment.
In your facts it appears that the only way the company can be justified in forcing a resignation is if you violated a strict policy requiring reporting sexual harassment charges to superiors. Even so the testimony of the female employee should be considered. Generally a single violation of a company policy is not sufficient for just cause to fire. Generally there needs to be at least two or three violations.
Write to the HR and ask for a letter regarding your hiring status, whether you are available for rehire or whether they think your termination was voluntary or involuntary. That letter should help you in your appeal for unemployment.
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