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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15771
Experience:  Employment/Labor Law Litigation
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after enduring months of harassment at my job. I was asked

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after enduring months of harassment at my job. I was asked to help another coworker by my manager by doing a series of write up on the persons who were harassing the other person. in retribution for my efforts, in in turn was written up many times by the harrassers. although my manager admitted that the writeups on me wee not valid. I was told to be terminated or resign. is there any thing I can do
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

What was the basis for this harassment? Race, religion, gender, age, disability or FMLA use?

Do you have a contract of employment stating that you can only be terminated for cause?

Have you resigned or been terminated yet?
Customer: replied 1 year ago.

race was the main reason I belive for the harassment for all , however, education and rate of pay had a lot to do with it. I have no contract that I kn ow of . I resigned, sort of under duress. I have never been fired before, did not see this coming and was truly confused. my manager told me what a good nurse I am, how good it is to work with me. and told me to use him as a rererence, that he will only say the best things about me

Expert:  Allen M., Esq. replied 1 year ago.
I did not mention education or rate of pay, because neither are illegal forms of discrimination. An employer can overtly discriminate on either basis, so lets set them aside.

If you had no employment contract, you are an "at will" employee. That means that you can legally be terminated at any time, with or without cause. The employer just can not terminate based on race, religion, gender, age, disability or FMLA use.

Now, you have mentioned that the harassment that you were dealing with here was based on race. That is a protected category. If that is the basis, then you need contact the EEOC in your state so that they can begin an investigation into the matter. That agency must review your claim before you would ever be allowed to sue. They preserve your right to sue by providing a right to sue letter and evidence from their investigation into the harassment.
Customer: replied 1 year ago.


can I apply for unemployment benefits, should I ask to speak with human resources at the hospital

Expert:  Allen M., Esq. replied 1 year ago.
Yes, you can apply for unemployment, but it will be an uphill battle due to resigning.

It's still possible, but you'll be fighting against that the entire time. It would be best to already have the EEOC complaint in place before you file for unemployment (it shouldn't take long) so that unemployment understands that you are taking this seriously as a "constructive termination" based on harassment and race discrimination (rather than your just saying that to them, but not actually filing anything).
Customer: replied 1 year ago.


the other nurse that has been harassed, should I ask her to join in with the eeoc complaint

Expert:  Allen M., Esq. replied 1 year ago.
Yes, if there is a pattern shown, it brings more credence to the claim.
Customer: replied 1 year ago.


thank you sir,,,is there any other advice you can give me on this matter. and should I ask to talk to human resourses

Expert:  Allen M., Esq. replied 1 year ago.
You can talk to them, but HR works for the employer. They will certainly be willing to talk to you, but they will be looking for any information that helps the company, not you.

There is a common misconception out there, started by employers, that suggests that HR works for the employees to help them. That's not true.
Customer: replied 1 year ago.


WOWW......that was worth the 35 dollars right there......ok I will file a complaint with eeoc and then ohio unemployment, and talk with the other nurse......thank you very much sir....have a good day

Expert:  Allen M., Esq. replied 1 year ago.
No problem.

Take care.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15771
Experience: Employment/Labor Law Litigation
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