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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 90170
Experience:  20+ Years of Employment Law Experience
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My boss has been constantly harassing me and singling me out

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My boss has been constantly harassing me and singling me out ever since I told her that I could not and would not perform certain cleaning tasks or use certain cleaning products because I asthma. It went to HR and they have made accomadations so that my health would not be at risk any more how ever the harassment continued there after simply because I'd gone to HR. This began in November of 2009 and is currently going on. My question is can I quit my job under duress and file for unemployment?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 years ago.
If you quit right now without taking any other steps you risk not being able to collect unemployment because you failed to take those steps. What I am referring to is that you need to provide medical documentation to HR and ask in writing for reasonable accommodation to perform the duties of your job under the Americans with Disabilities Act. Until you request some accommodation you do not really have a good case for collecting unemployment or for other possible action against the employer such as hostile environment and discriminated based on your disability. Simply refusing to perform tasks is not sufficient, you need to make a request for accommodation to the employer and then if that is denied or the boss continues to harass you a complaint can be made to the EEOC and you would have a case for unemployment as well (but you should not quit, let them fire you and if they do not, then let the EEOC investigate).


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Customer: replied 4 years ago.
Hello Joe,
I think you misunderstood a little, the harassment began in November of last year & I immediately made the HR dept. aware, they asked if I wanted them step in but I told them that I didn't want her to know that I'd contacted them because she is extremely spiteful, I said I'd wait a little while and try speaking with her. She continued to harass me and I went back to HR, I provided a drs note to my boss & thought it was done but then HR sent me a letter stating it appears as though I may not be able to peform my duties with out affecting my health & asked my dr to reveiw my job description & say if he believed I could/could not peform safely. The job description did not accurately describe what my boss was asking me to so in addition to their letter & job description I included the list that my boss gave me & my dr said I couldnt do it. HR was furious that I'd given him that list, they called me in for a meeting, edited my job description & made the necessary accomodations. How ever my boss continues to harass me, it started with the asthma but has gone way past that. I went to HR with a few other complaints and they resolved them in my favor but at they same time they have condoned a lot of her (my boss) behavior. It's been going on for 9 months now and I cant take it any more, its almost every single day.
Customer: replied 4 years ago.
I'm so sorry for calling Joe Mr. Paul please accept my apology
Expert:  Law Educator, Esq. replied 4 years ago.
If you already asked for the accommodation and are being harassed over it, then do not quit, file a complaint with the EEOC for hostile work environment and discrimination. If you quit and you do not have a case then you would lose your ability to collect unemployment as well.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 90170
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 7 other Employment Law Specialists are ready to help you

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