Legal matter - hostile work environment

[mickeymedic]

Anyone deal with this situation before? I gave my two-weeks notice at work today, citing a hostile work environment as my reason for leaving. They did not allow me to work my two weeks, and instead terminated my employment immediately. I am concerned because I was counting on working 2 more weeks while looking for a new job. And now I am out two-weeks worth of pay. Is there a law that says they cannot terminate someone in retaliation for reporting a hostile work environment?

 

[monkeyboy]

nope you are screwed unless you have it it writting

 

[Metro West]

As Monkeyboy stated...unless you have it in writing, you have no recourse.

 

[Hannathy]

I think most places have you leave immediately anymore when you turn in your resignation. They will usually give you an hour but sometimes the watch you clean your space and walk you out right then.

 

[Honu]

If you had filed a complaint, but not given notice, then you'd have some recourse.

It's very common, and legal, to have employees leave as soon as they give notice though. You're out of luck. Sorry.

 

[Arielle22]

Anyone deal with this situation before? I gave my two-weeks notice at work today, citing a hostile work environment as my reason for leaving. They did not allow me to work my two weeks, and instead terminated my employment immediately. I am concerned because I was counting on working 2 more weeks while looking for a new job. And now I am out two-weeks worth of pay. Is there a law that says they cannot terminate someone in retaliation for reporting a hostile work environment?

Hostile work environment has a specific meaning under the law. Most times what people consider hostile work environment isn't legally. So if you were addressing some issues such as a bad boss or coworkers then there was nothing wrong in what your former employer did.

Depending on your state you may qualify for unemployment benfits. MA has a 1 week waiting period and then you would collect for 1 week.

There are many reasons not to allow an employee to work out their notice. If I received your resignation it would raise a red flag that there would be problems during your notice period. Technically you were not termed but rather your resignation was accepted immediately.

 

[barkley]

an employer must take action to stop an employee from being in a hostile work environment-but since you did not report it, but told your employer you were quitting and gave that as the reason, they may have felt that there was not reasonable and necessary time to investigate and put a halt to whatever you were concerned about (which would have opened them up to big problems if something transpired during that 2 weeks). in actuality i suspect that they technicaly did not terminate you, but rather accepted your resignation and waived the 2 weeks notice you offered them.

 

[lookingforward]

Talk to an employment lawyer. Depending on what you term hostile you may at least have a claim for your two weeks worth of pay, at the very least. If it was sexual, gender, race or religious hostility you may have a claim. A worker is not always at fault for failing to report if you were fearful or suffering from trauma as a direct result of the hostile enviornment. Good luck and provide more info if you feel comfortable doing so. Best wishes!

 

[mickeymedic]

an employer must take action to stop an employee from being in a hostile work environment-but since you did not report it, but told your employer you were quitting and gave that as the reason, they may have felt that there was not reasonable and necessary time to investigate and put a halt to whatever you were concerned about (which would have opened them up to big problems if something transpired during that 2 weeks). in actuality i suspect that they technicaly did not terminate you, but rather accepted your resignation and waived the 2 weeks notice you offered them.

Excellent point! I appreciate your insight. I had not looked at it from that angle.

Thanks to the rest of your for your input, everyone.

 

[DawnCt1]

Talk to an employment lawyer. Depending on what you term hostile you may at least have a claim for your two weeks worth of pay, at the very least. If it was sexual, gender, race or religious hostility you may have a claim. A worker is not always at fault for failing to report if you were fearful or suffering from trauma as a direct result of the hostile enviornment. Good luck and provide more info if you feel comfortable doing so. Best wishes!

That is good advice.

 

[Judy from Boise]

I agree with the other posters......you failed to file complaints and work up the chain of command......you resigned, they accepted.

 

[sweet angel]

If you live in an "at will" state, they can terminate you for no reason.

 

[ReggieB]

If you live in an "at will" state, they can terminate you for no reason.

I'm always amazed at this, I really must learn something about employment law in US. I would definitely look into some legal help to see if you can get the two weeks pay. Though from what little I do know, it might end up being counter productive for you.

In UK, you don't have that "at will" element. It's pretty difficult to fire someone just because, also if the employer wants you to leave immediately they would have to pay you for your notice period, if you work or not.

Good luck with your job hunting.

 

[Aidensmom]

In my line of work, it is fairly common for your employer to ask you to leave immediately when you resign, especially if there is any sort of indication you are upset with the company because they are afraid you will share proprietary information and so they want to make sure you don't have access to it anymore.