QUESTION
How soon can I quit my job after filing a sexual harassment/retaliation complaint against my employer?
Asked on Jul 15th, 2014 on Labor and Employment - California
More details to this question:
I am from California and one of my managers tried to force me to have sex with him. When I spoke to my main manager she first tried to pay me off. After I told her I didn't want the money she started talking about me to other employees and I tried to transfer to another office and they won't take me because they don't want to get involved. Now my main manager is telling me she needs to prioritize the other trainer and has cut my hours and responsibilities. I am very frustrated and I need someone's advice, please.
1 ANSWER
Labor and Employment Litigation Attorney serving Beverly Hills, CA
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Let me answer your question this way: Literally, you can quit your employment at any time. That is known as "employment-at-will." However, you are sitting on what could be a sexual harassment law suit. No matter when you resign, your employer will take the position that you quit. You want to be able to claim that although you quit, your departure was what we call in the law a constructive discharge. If you can survive the negative treatment, and document that treatment, your case will be stronger. When you do resign, pick your words carefully. For example: I did not want to leave my position at XYZ Company. However, due the the treatment I have received including (fill in the blank), I am left with no alternative. My working environment has become so unbearable and intolerable that I am left with no alternative but to resign.
Answered on Jul 15th, 2014 at 1:15 PM