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My HR just called and said they heard rumors I was resigning…

Customer Question
My HR just called...

My HR just called and said they heard rumors I was resigning and wanted to take the opportunity to make it official? I seriously feel badgered and harassed to quit.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It’s Texas full time and at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They have already demoted me to a lesser position but did not lessen my pay or salary. This position is 3 hours away and a job that no one wants. Being salary and now working in the field has created enormous amounts of rumors and has made the work place almost unbearable. I seriously feel that they are wanting me to resign.

Submitted: 4 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/6/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,573
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Unfortunately, it is not illegal for an employer to want someone to resign or to even make that known to the employee. The sort of situation that you are describing is often mistakenly thought to be a "hostile work environment." That is an understandable but incorrect use of that term, which has a very specific legal meaning as defined by the Supreme Court.

Hostile work environment only refers to harassment motivated by discrimination due to a person's race, religion, gender, age, disability or FMLA use. General hostility is not illegal. Our high court stated that our employment laws are not meant to be a civility code, and therefore, generalized harassment is seen as "office politics" which courts do not address.

The best you can do in situations like this, without the allegation of discrimination, is to give your employer an ultimatum that you will not tolerate these continued harassment and pushes to resign. You have no intention of resigning, but if the employer does not change this situation, you will be forced to. This helps to set up your ability to file for unemployment even though you resign, which is normally a disqualifier.

If you can allege discrimination, then you should immediately file a complaint with the EEOC in your state so that the matter can be investigated and preserved.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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Customer reply replied 4 months ago
There is a lot more to the story and I’m getting screwed. I guess I’ll just take it
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

I'm sorry to hear that. I can't really address any more of the story if you don't share it.

That being said, my original answer still stands as the law in the situation based just one what you've told me so far. I am certainly happy to address any other facts you've like to share.

I do wish I could tell you differently here, but my job is to share with you the law, good or bad, so that you can make the most informed decision (much like a doctor giving a bad prognosis).

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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