Legal Question in Employment Law in District of Columbia
Forced resignation
This past year, my supervisor and I have been having severe communication problems. I have been discussing these problems with our boss, but he keeps assuring me that I'm overreacting and none of our conversations were ever documented in writing. Today she got frustratd and threw the envelopes that she had up in the air and they landed on my head while I was meeting with one of our employees. Then she started calling me names and stating that our boss let me get away with whatever I wanted. I was shocked that when she was done berating me, my boss said nothing. I finally brought the issue up and my boss said that if he fired her, he would expect me to stay since it's only the 3 of us, even though he knows I may be moving in April. I think it's unfair of him to expect me to remain in that office with her for the next three months. At this point I feel I am in a hostile and intolarable work environment and if he doesn't fire her, I will need to resign because I feel uncomfortable being around her. If I am forced to resign, what steps do I need to take? Will I qualify for unemployment since I quit? Will I have to hire an attorney in order deal with this situation?
1 Answer from Attorneys
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
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.