Legal Question in Employment Law in Texas
I recently resigned involuntarily. I reported sexual harassment & discrimination and the conditions were made unbearable, the environment was hostile, I was physically threatened, and HR conducted an investigation with only one 20 minute conversation between me and the HR Rep despite my attempts to write her an email with more information, discuss on the phone etc. I also reported it to my manager over 10 times, but it was never reported to HR until my last day physically in the office. Privately held company, Texas At Will, etc. After they conducted an investigation, they found nothing to substantiate my claims. That doesn't shock me after reading everything I've read concerning Texas Law. I still find it odd, though, that a "thorough" investigation was conducted but HR never asked what type of discrimination. They assummed it was based on my sex, which was a large part, but the majority was retaliation and disability. Needless to say, I need to file for UI. How can I increase my chances of being approved? Bottom line, there is no way on Gods Green earth that anyone in their right mind would have subjected themselves to that environment, especially after you reported harassment by over 5 people that sit within 5 feet and some of which have physically threatened, others harassed, and others mentally torment someone all day. How do I know this? I asked unbiased, reasonable people, 2 of which are best girlfriends from college and childhood, both if which are now HR Executives, one with a large local hospital and another with a large non-profit. They know nothing about the past year and were shocked when I simply gave facts so I could get an unbiased opinion. By facts I mean I only told them the information I know I could provide a papertrail for, as I was considering an EEOC Claim. HR instructed me at 3:30 on a Friday that I had to be at work Monday morning or face termination. I was literally terrified to go back, I knew they would find a way to fire me anyway, andthey knew I wouldn't be able to contact an attorney over the weekend it file an EEOC claim, so they could fire me and make it look like I was just disgruntled for being let go so that is why I was filing an EEOC Claim. Yes, they are that manipulative as they lied in writing on my COBRA information about termination date and reason when they know I have 20 emails stating otherwise. They also tried to hold my last paycheck. I honestly don't know if they are just malicious or if they are imbociles. I am not trying to be rude, but I really can't imagine they dont know they are breaking the law, but now I understand why they are such a large corporation but have a very low count of college-educated people...so they can get away with it. Needless to say, when I referenced the Texas Payday law and 3rd degree felony, they lied (which I can prove) and said they tried to direct deposit it as normal but there was a processing error on their end. There are at least 3 lies in that statement: 1. Final checks are paper according to company handbook, 2. Payroll errors dont take 2 weeks to fix if it is a direct deposit issue or a processing issue because I Know the company compliance internal guidelines for processing times and 3. HR stated in email that I wouldnt receive one prior to me sending an email to HR asking them to run the Texas Payday law by legal. I am writing this portion simply to establish their malicious behavior.
I cannot afford an attorney, so I am reconsidering the EEOC Claim. Would the EEOC Claim be necessary if I am applying for UI and stating I was forced to resign? Also, should I call it Constructive Discharge? In my resignation email, I kept it simple as I didn't want them to have time for a preemptive strike if I filed an EEOC claim. I simply stated that I had no choice but to resign and I felt I was being forced to do so. Any direction you can give as to how I can be proactive in my UI claim and reduce the chance of being denied by TWC and not give the company another opportunity to harass me by retaliating is much appreciated. Thank you.
1 Answer from Attorneys
Apparently you have a lot of fear...but how do u know what would happen if u went to EEOC? or called a lawyer?...and as for claim for Unemp Ben denial, probably since you quit...but make the fight..and don't prejudge outcome..good luck