Don't Quit
Although you may be quite tempted to resign or quit your position due to severe
harassment or discrimination, it is a decision that you may deeply regret later
on.
Save for certain special and extreme circumstances known as constructive
discharge, you must first file a formal complaint notifying your employer of your
belief that you are being discriminated against on the basis of your sex, for
example, in that you are being sexually harassed, or that you are being treated
badly due to your pregnancy, or that you are being paid less than men
performing comparable work, or because of your race and color, national origin,
religion, sexual orientation, age, disability and/or perceived disability, etc. The
upshot of all this is that you must notify your employer if you believe that you
are being discriminated against because of your sex, race, color, national origin,
etc.
You must notify your employer so that the company has the opportunity to
"investigate" your complaint and to potentially correct whatever hostility or
injustice may be occurring you have described to them in your formal letter. This
letter should be sent in a 'provable' fashion such as by certified mail, return
receipt requested, with an overnight courier such as FedEx or through your
company's intranet email system, if a "read" status report may be generated and
printed to prove that your complaint was received by management or Human
Resources.
If your employer in fact properly investigates your allegations and implements
true "corrective action" to resolve your troubles, you will not be able to articulate
a "case" of discrimination or "disparate treatment," as the company has
arguably "fixed" your problem once they became of aware of your grievance and
did something about it; for instance, by firing the perpetrator of the sexual
harassmentm the company has resolved your troubles. If your employer does
not properly and swiftly investigate your complaint, or if they treat you even
worse because of the complaint, such as by threatening, demoting, or firing you
shortly after you file your written complaint, you will then be able to argue that
the company retaliated against you for your civil rights complaint, which is
illegal.
Quite often, retaliation complaints are far stronger than the original, underlying
complaint for discrimination. For example, you may never be able to "prove"
that Joe is sexually harassing you at work as there may be no witnesses to it and
he will deny everything that you say, but if you formally complain in writing to
the company about his unwelcome advances and Joe continues his predatory
ways, or the company blames you for the problem, you can demonstrate that the
hostility or "adverse employment actions" occured on the heels of the complaint
and because of the complaint that you just filed. This is what we mean by
empowerment here at Tuckner, Sipser. Assuming that your company is not
inclined to see eye to eye with you regarding your allegations, and the
differences between you and your employer are becoming so irreconcilable that
you realize your epitaph is being chiseled by management, this 'paper trail' is
often sufficient to pave the way for a negotiated severance agreement that will
allow you to depart the company with dignity and your head held high.
Quitting, then, is like "throwing out the baby with the bath water," and will
substantially limit your chances to successfully prosecute and/or settle your
claim as your "damages" will be severely limited by your resignation. In
addition, if you quit, you will probably not be entitled to collect unemployment
benefits as your employer will say that you have "abandoned" your job.
If you are experiencing hostility or differential treatment at work, contact a
qualified Plaintiff's employment lawyer for individualized advice and strategic
planning before you quit or are placed on probation, or demoted or fired.
