Legal Question in Employment Law in Texas
resign for reporting Discrimination and Harassment. My report also included that I was physically threatened and my doctor advised that it was in my best interest mentally not to go back to work until the issues were resolved. Simply put, I didn't feel physically, emotionally or emotionally safe. After an HR investigation found "nothing to substantiate my claims," HR demanded I be at work the following business day. I asked if anything was going to change in the environment, if accommodations were going to be made for my disability and if I could provide my 25-page summary of evidence I put together for HR during the investigation. The answer was "no." I am not sure how a full investigation is conducted without knowing what discrimination I was referencing. They also held my last paycheck until I referenced the Texas Payday law and reminded them that it was a 3rd degree felony. I have 3 questions. How do I best represent my case on my app for UI? Should I term it Constructive Discharge? How do I get across that I was scared for my physical safety and mental safety if I were to return, &HR knew that (in writing) so they said be at work it we will terminate you...basically saying, come get harassed and beat up and threatened or tough Luck. If you need more detailson my disability, I willbe happy to provide. Please do not say consult an employment attorney. I am unemployed and filing for UI...I cannot afford an attorney. Thank you.
1 Answer from Attorneys
I know you do not want to be told to consult an employment attorney but it is what you need to do. Disability discrimination cases are very difficult. You can likely find lawyers in your area who will take your case on contingency and not charge you anything up front.