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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12796
Experience:  Significant experience in all areas of employment law.
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I was humiliated in front of my entire team by my boss

Customer Question

I was humiliated in front of my entire team by my boss yesterday and as a result words were exchanged and I was sent home and told that I would not get paid for the day.
Due to the severity of the altercation and still feeling the trauma, I was unable to come into work today and sent a note to my employer informing her of the traumatic state I was in.
I received a call this evening from boss giving me two options:
1. To resign
2. If I chose not to resign, my employment will be terminated immediately.
She has asked that I make a decision by noon tomorrow.
I need legal advise on what would work best in my favor.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I work in New York City for a non profit Association
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am very sorry to hear about this experience at work. In general, few laws govern workplace conduct and it is not illegal to humiliate someone unless the employee is being targeted on the basis of a legally protected trait such as race or religion (i.e. yelling racial slurs or making obscene sexual gestures). The law does not impose a "civility code" in the workplace and so rude, hostile and disrespectful behavior will not be actionable on any legal theory.

Of course, an employee who is subjected to such behavior has the absolutely right to stop working for such an employer. If the employee can demonstrate that no reasonable person would have remained employed under the circumstances, they can collect unemployment benefits even though quitting generally results in disqualification.

As for what to do, the distinction between resigning and being terminated under these circumstances is negligible, since any termination would be the result of your voluntary decision not to come into work. Either way, essentially, it is you who are choosing to become unemployed. Formally resigning will at least give you the benefit of being able to truthfully tell employers in the future that you resigned from this position, which may be beneficial. So, for that reason, being forced to choose between resigning and being fired for not coming into work, resigning would typically be the better option.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Customer: replied 1 year ago.
Thanks for your answer Patrick . Your points were excellently well stated. I will resign.
Expert:  Patrick, Esq. replied 1 year ago.

You are very welcome, I am truly glad I could provide some useful information here. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.