Legal Question in Employment Law in District of Columbia

Re: Forced resignation

First, the situation you described is probably not an illegal hostile environment, unless related to race, sex, age or another protected category. Assuming not, this is "just" a serious personality conflict meaning the "forced resignation" and difficult environment are not illegal.

Since your boss is ineffective in solving the problem, consider taking it to a higher authority. You could make a formal complaint to an HR person, a trusted executive, or the person above your boss. Since you are considering resigning and are probably leaving soon, you don't have much to lose. (You might alienate your boss and be considered a "troublemaker" rather than a victim, though.)

If you can't afford to lose the job until you leave, don't rock the boat. It may be worth grinning and bearing it just to ensure your pay and benefits keep coming.

If you do take action, write out your grievance with as much detail as you can (dates, times, who, what, when, where, why). State the facts concisely; omit emotions and speculation. State how the problem affects you and the company's productivity and a reasonable solution. (You simply want a professional atmosphere in which to perform your job - not someone's head on a platter). Perhaps you can be transferred to a different supervisor or report directly to your boss.

If you resign, you do not have to give notice or put it in writing. But check company policy to see if you give up any rights (such as accrued vacation pay) if you do not give notice.

It is difficult to say whether you would receive unemployment. In MD, people who voluntarily quit are entitled to benefits if they had "good cause," which basically means there were compelling reasons at work which caused them to quit. Your situation arguably comes under this standard. But it is not black and white. (If you make a claim, make it clear that your situation was hostile for quite some time, your boss did nothing about it, and he even tried to get you to agree to stay longer in return for firing someone else. Thus, he arguably considered the problem bad enough to discharge her, but did not do so.)

You might also be ruled eligible but only after a 5 to 10 week waiting period. MD unemployment information is available at http://www.dllr.state.md.us.

You don't appear to need an attorney, bu tfeel free to call for a free consult if you want. Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.