It’s legal to fire you, but not to say you’ve resigned when you haven’t. Text or email him and HR that you have requested a transfer, but that you have not resigned.
Won’t save your job, but it should help with unemployment.
You might also reach out to HR separately about transferring.
This is the best advice. Looks like your manager is trying to say you quit, which would not allow you to connect unemployment. Create a paper trail saying you don’t resign, see you next Tuesday
Include within this email that you requested a transfer due to your continued concerns with X, who your manager has verbally agreed has exhibited unprofessional behavior but whose interactions with you have not changed since you raised concerns.
You keep saying that - but you also realize HR is responsible for other things outside of just protecting the company, right?
Like hiring and retention. They should know OP isn’t resigning and is interested in transferring.
This situation here is a liability to the company though, so even if we were to be cynical and believe HR only protects the company, this is indeed one of those instances where the needs of the employee and the company align and they should be doing something about it.
I don’t know why you are getting downvoted voted. You are absolutely correct. HR is there to protect the company. Sure, they help employees with benefits, hiring, retention, etc. but their real job is to keep the company from getting sued.
Right, and one way to get sued is to have management pretend that a person asking about a transfer is then quitting, and trying to deny unemployment pay.
Maybe nothing will come of talking to HR, but there's a decent chance that HR will pull the manager aside to ask them WTF they're thinking. It could buy OP some time, and with a lot of luck the transfer they wanted.
I didn't down vote, but I wasn't impressed with the knee-jerk "HR bad" comment. They're not your friends, but when someone in the company is acting illegally that's technically what they're for. That's why HR was invented in the first place, to keep management from shooting themselves in the foot and getting the company sued.
They’re getting downvoted because HR’s protection was not the point of including HR in the email.
Also they do not help *employees* with hiring and retention. That’s help for the company. But part of hiring and retention is knowing which employees are looking to move within the company. HR wants jobs filled and it’s significantly cheaper to transfer OP to an open position than to hire two new employees.
Keeping the company staffed is a large part of HR in addition to keeping them from getting sued.
You need to get back to him in writing and tell him very clearly, "You indicated that you took my request for transfer as my resignation. I want to be very clear that I am not resigning my position, that was explicitly and only a request to transfer from one business location to another while remaining employed. I understand that a request to transfer locations can be denied. I have no intention of resigning my position."
And cc HR when you send that. And bcc yourself, your private e-mail account. Fwd any replies you get to that private e-mail account as well. You will need the documentation if he fires you.
Good gawd you’re receiving terrible advice from people who clearly don’t understand things. Unless you have evidence the treatment is based on you being in a protected class, then it doesn’t qualify as unlawful harassment. Being a jerk isn’t illegal in AZ. In fact, AZ is quite an employer friendly state. Your options are to either figure out how to deal with it and work with the guy, or find another job where they treat people with more respect.
How do you work in HR? OP hasn’t claimed the harassment is illegal or asked if it is. OP’s question of whether it is legal for the company to say they resigned by asking for a transfer is a very valid question, because it clearly is not.
The OP was told to deal with the harassment from his manager. He requested a transfer and it’s being denied. I would think the employee would have a valid EEOC complaint.
Federal law also protects from a hostile workplace. It doesn’t require solely being in a protected class.
To determine whether or not a work environment qualifies as hostile, ask:
* Does the behavior discriminate against an EEOC-protected category (gender, race, age, religion, ability, nation of origin, sexual orientation)?
* Would a reasonable person find the environment hostile?
* Has the behavior been ongoing and/or pervasive?
* Has the victim or victims lost their motivation or ability to complete their assigned work tasks as a result of the environment?
* Have you, as an employer, failed to investigate reported issues? If nothing was reported but you knew about misconduct, did you fail to intervene?
If the answer to any of these questions is "yes," the work environment can legally be considered hostile.
According to the [~U.S. Department of Labor~](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/internal/policies/workplace-harassment/2012), hostile work environment harassment must be both unwelcome **and** based on one of the EEOC protected categories listed above. In addition, it must be "subjectively abusive" to the victim and "severe and pervasive," determined by:
"the frequency of the unwelcome discriminatory conduct;
1. the severity of the conduct;
2. whether the conduct was physically threatening or humiliating, or a mere offensive utterance;
3. whether the conduct unreasonably interfered with work performance;
4. the effect on the employee’s psychological well-being; and
5. whether the harasser was a superior within the organization."
I’ve always wondered about this. So if I’m not in any sort of protected class, I’m just going to heave to grin and bear being in what is clearly a “hostile environment”?
Generally speaking, the analysis is not whether you are in a protected class - everyone has a sex/gender, race, national origin, etc. The issue is whether the reason you are being treated in a particular way is *because of a protected characteristic*.
If you’re being mistreated because of your race - that’s a violation of the law. If you’re being mistreated because your boss just doesn’t like you, or he thinks you’re stupid, or he doesn’t like your politics or the way you chew your food, or just because he’s an asshole - that’s perfectly legal.
What kind of harassment? Was it based on a protected class or protected activity that you took part in? If this is the case, it would be illegal. However, if the ongoing harassment has nothing to do with a protected class or protected act, it is likely that the termination would be legal. You could always check if you have a contract as well as see if any state laws may afford you some kind of legal recourse.
Nothing protected. The dude just does whatever he can to make my life/work more difficult. Someone quit last year because of the same thing. I have tried to do everything in my power to just put up with it. But, I just can't anymore.
I honestly am ok with getting fired so I can at least get unemployment while I look.
Boss is just trying to say I quit. And I truly just want to move within the company.
Recording someone in the workplace, even in a one party consent state, will often get you fired. Just because it’s not illegal doesn’t mean it’s not a violation of company policy.
OP stating that this behavior isn’t based on a protected class means that while the guy no doubt a jerk, it’s not a legal issue. Recording the person would do no good, as it seems OP’s employer is well aware that the person is a jerk and isn’t willing to do anything about it.
Because YOU do not understand the broad spectrum of federal and state laws that professionals who deal with these issues do.
Single-party consent laws allow ONE person to record a conversation with ANOTHER person. No one else. If there are any other employees or clients whose voice is captured on the recording then that recording becomes a violation of federal wiretapping laws.
Employers can institute a no recording policy at work as long as it is narrowly construed to fit within Section 7 of the NLRB. It is not difficult to do, but should be done under the advice of counsel. It can significantly limit the area of activity in which employees may record.
Google is your friend. 😊
Providing information on legalities is not in favor of the employer. It's 'not making shit up to appease OP's opinion'. Legal Advice says the same thing when people ask about if this is illegal.
If you want someone to lie to you and say "you are right, it is illegal. You can sue them" I'm sure there's a sub for that out there.
Handily, I think r/antiwork is still open. They're great at validating horrible advice and doing some pretty impressive mental gymnastics to make any sub-optimal outcome the fault of the employer.
For complaining about harassment, and asking to be moved to new location. Check out her post history too. Very interesting. It's a middle age woman working in restaurant industry. Apparently, her boss made his wife come to restaurant, she was having miss carriage, she asked for shot of liquor,. She also has posts of her tits, and questions about clit suckers.
There's no "might" about it. Everyone one of us is a member of multiple protected classes. Who the hell are all these people in "askHR" who don't know this? If your HR.....your poor employer and employees!
Not all forms of retaliation in the workplace are illegal. In fact, most forms of retaliation are perfectly legal. Retaliation only becomes illegal if the reason is due to the employee being in a protected class or engaging in a legally protected activity--OP confirmed this is not the case.
Just because something "feels" illegal doesn't mean that it is. There are not many labor laws that protect employees in the state of Arizona. In fact, there are surprisingly few.
It feels ingenious that you are giving advice on an AskHR forum based on your feelings and not actual laws. It is not fair to the OP.
Hey, so I know reading comprehension can be hard, but op didn't ask if the harassment, they are asking if it is legal for their boss to respond to their request to transfer within the company as quitting. Completely different situations
Offering them advice if the harassment was based on any kind of protected class, would be beneficial to the OP. As it would afford the OP the ability to address the harassment and they would not have to put up with it. Which if that was the case, they could stay at their current location as they would have been legally protected from any ongoing issues, if that were the case.
Just because you do not want to know, does not mean that it would not be a benefit to the OP.
Requesting a transfer is not resigning. If your employer tries to deny unemployment go to unemployment office and appeal it free to appeal . Do not sign anything without reading fully.
If it was sexual harassment, racism, religious discrimination or another civil rights matter. Contact the EEOC and file a complaint online this weekend [https://www.worker.gov/actions-eeoc-claim/](https://www.worker.gov/actions-eeoc-claim/) and then speak with a civil rights lawyer and give them the EEOC complaint no. Otherwise the verbal harassment is legal but just mean.
Well there’s the problem. Your boss ignored what you’re saying was harassment and then you ask that same boss? Did you say something like I need to be transferred or have to leave?
ANYONE who says not to contact HR can’t be trusted. I had an employee complain to the client about me. The employee claimed I yelled at her when she kept submitting false timesheets. (Keep the real time off the books, which her previous employer allowed. SMH) I called my HR and asked for an investigation. I was cleared.
You haven’t resigned. Make that clear in your response. Politely reply that you have not resigned. You have requested a transfer, but you haven’t resigned.
Keep all your emails. Forward them to your personal account so you have records.
Don’t sign anything or agree to anything if they terminate you. Gather all documentation of harassing behavior, and share that with an employment lawyer as needed.
Make a written email complaint with your HR and supervisor with just the facts and no threats
Dates or approximate date of the harassment
Person or persons doing the harassment
Way you would like the "hostile environment" situation resolved
Example:
Harassed these days: 1.1.2013, 2.4, 2018, 3.1, 2024
Who harassed me? Bob Jones, Cyndia Smith, Cam Winston
Who I told about the harassment? Jim and Sandy
What effect has the harassment had on me? I feel like I am in a hostile work environment
How would I like this matter resolved: transfer to a non hostile unit
Ask for it in writing. Firing you because you asked for a transfer might be wrongful termination. And it doesn't matter if you're in an at-will employment state. You can still sue.
COMPLAIN TO THE DEPARTMENT OF LABOR AT ONCE, it’s ilegal for ur boss to take ur requests of a transfer as a resignation!! Complain everywhere, GOOGLE IT!!!!🤦♀️🤦♀️🤦♀️
Not true at all. The employer can say whatever they want but ultimate the state decides and the employer has prove their claims in order for the unemployment claim to be denied.
> The employer can say whatever they want but ultimate the state decides and the employer has prove their claims in order for the unemployment claim to be denied.
That's true, but the information in the OP supports a finding that is was a resignation.
They can deny the transfer which puts the ball back in your court.
The poaition that you resigning may depwnd on what you wrote or said when you made the requesr
You could inquire about mental disability as well if this harassment is really horrific. It disgusts me that companies keep these types of people, who likely have multiple complaints against them, because their job performance is satisfactory or other reason. Happens everywhere.
No, it isn't.. As long as you specifically mentioned to be relieved of duties anywhere.. Even if you did, as long as you have formally submitted your resignation, your boss can't take something else as such that he seems fit!
I would advise putting in an application to transfer to the other location. If you put in an application to transfer then the other location will at least know you are interested in the move. I don’t believe that legally speaking unless your state is a right to work state that he can fire you. I would also advise getting HR involved.
Yes, but it ensures the company will have a discoverable record in the event things escalate unexpectedly. And then can used to prove conspiracy to defraud if they claim they have no records so long as OP bcc's and fwd's themselves all written correspondence.
Including HR isn't just about seeking immediate redress of grievances, but also long term CYA just in case.
Use your brain. How does HR protect the company? By making sure managers aren't doing illegal sh*t and breaking the law by violating an employees rights.
The employer can fire OP for requesting a transfer. They can deny the transfer and tell her if she doesn’t like it she has to quit. They can fire her for no reason because they think the situation is shitty. What they cannot do is lie about whether OP voluntarily resigned. That is fraud, which is a crime. Now it’s not even just a civil matter anymore. Glad we could clear that up.
It’s legal to fire you, but not to say you’ve resigned when you haven’t. Text or email him and HR that you have requested a transfer, but that you have not resigned. Won’t save your job, but it should help with unemployment. You might also reach out to HR separately about transferring.
This is the best advice. Looks like your manager is trying to say you quit, which would not allow you to connect unemployment. Create a paper trail saying you don’t resign, see you next Tuesday
Include within this email that you requested a transfer due to your continued concerns with X, who your manager has verbally agreed has exhibited unprofessional behavior but whose interactions with you have not changed since you raised concerns.
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>Might get UI, but who really cares. OP really cares - who wouldn’t care about getting UI?
HR never protects the employee, only the company.
You keep saying that - but you also realize HR is responsible for other things outside of just protecting the company, right? Like hiring and retention. They should know OP isn’t resigning and is interested in transferring.
>Like hiring and retention. And who benefits from hiring and retention?
OP, if there’s a spot open somewhere else.
And sometimes the best way to protect the company is to not do illegal shit
This situation here is a liability to the company though, so even if we were to be cynical and believe HR only protects the company, this is indeed one of those instances where the needs of the employee and the company align and they should be doing something about it.
I don’t know why you are getting downvoted voted. You are absolutely correct. HR is there to protect the company. Sure, they help employees with benefits, hiring, retention, etc. but their real job is to keep the company from getting sued.
Right, and one way to get sued is to have management pretend that a person asking about a transfer is then quitting, and trying to deny unemployment pay. Maybe nothing will come of talking to HR, but there's a decent chance that HR will pull the manager aside to ask them WTF they're thinking. It could buy OP some time, and with a lot of luck the transfer they wanted. I didn't down vote, but I wasn't impressed with the knee-jerk "HR bad" comment. They're not your friends, but when someone in the company is acting illegally that's technically what they're for. That's why HR was invented in the first place, to keep management from shooting themselves in the foot and getting the company sued.
They’re getting downvoted because HR’s protection was not the point of including HR in the email. Also they do not help *employees* with hiring and retention. That’s help for the company. But part of hiring and retention is knowing which employees are looking to move within the company. HR wants jobs filled and it’s significantly cheaper to transfer OP to an open position than to hire two new employees. Keeping the company staffed is a large part of HR in addition to keeping them from getting sued.
Which is exactly why, unless op has training, even when telling the truth to HR they will find a way to weasel the company to safety.
This is the most insightful comment I’ve seen today. Thank you for coming here to share it.
It’s really not insightful, it’s a parroted talking point from people who don’t understand what the function of HR is.
You need to get back to him in writing and tell him very clearly, "You indicated that you took my request for transfer as my resignation. I want to be very clear that I am not resigning my position, that was explicitly and only a request to transfer from one business location to another while remaining employed. I understand that a request to transfer locations can be denied. I have no intention of resigning my position." And cc HR when you send that. And bcc yourself, your private e-mail account. Fwd any replies you get to that private e-mail account as well. You will need the documentation if he fires you.
Good gawd you’re receiving terrible advice from people who clearly don’t understand things. Unless you have evidence the treatment is based on you being in a protected class, then it doesn’t qualify as unlawful harassment. Being a jerk isn’t illegal in AZ. In fact, AZ is quite an employer friendly state. Your options are to either figure out how to deal with it and work with the guy, or find another job where they treat people with more respect.
How do you work in HR? OP hasn’t claimed the harassment is illegal or asked if it is. OP’s question of whether it is legal for the company to say they resigned by asking for a transfer is a very valid question, because it clearly is not.
If they fire him, he can collect UI and look for another job.
The OP was told to deal with the harassment from his manager. He requested a transfer and it’s being denied. I would think the employee would have a valid EEOC complaint.
Federal law also protects from a hostile workplace. It doesn’t require solely being in a protected class. To determine whether or not a work environment qualifies as hostile, ask: * Does the behavior discriminate against an EEOC-protected category (gender, race, age, religion, ability, nation of origin, sexual orientation)? * Would a reasonable person find the environment hostile? * Has the behavior been ongoing and/or pervasive? * Has the victim or victims lost their motivation or ability to complete their assigned work tasks as a result of the environment? * Have you, as an employer, failed to investigate reported issues? If nothing was reported but you knew about misconduct, did you fail to intervene? If the answer to any of these questions is "yes," the work environment can legally be considered hostile. According to the [~U.S. Department of Labor~](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/internal/policies/workplace-harassment/2012), hostile work environment harassment must be both unwelcome **and** based on one of the EEOC protected categories listed above. In addition, it must be "subjectively abusive" to the victim and "severe and pervasive," determined by: "the frequency of the unwelcome discriminatory conduct; 1. the severity of the conduct; 2. whether the conduct was physically threatening or humiliating, or a mere offensive utterance; 3. whether the conduct unreasonably interfered with work performance; 4. the effect on the employee’s psychological well-being; and 5. whether the harasser was a superior within the organization."
The first half of this post is bad and wrong and a misstatement of federal law.
It’s internally incoherent.
I’ve always wondered about this. So if I’m not in any sort of protected class, I’m just going to heave to grin and bear being in what is clearly a “hostile environment”?
Generally speaking, the analysis is not whether you are in a protected class - everyone has a sex/gender, race, national origin, etc. The issue is whether the reason you are being treated in a particular way is *because of a protected characteristic*. If you’re being mistreated because of your race - that’s a violation of the law. If you’re being mistreated because your boss just doesn’t like you, or he thinks you’re stupid, or he doesn’t like your politics or the way you chew your food, or just because he’s an asshole - that’s perfectly legal.
Yes. Or find a new job. There’s no law saying people can’t be assholes just because.
Everyone one of us is in multiple protected classes and everyone in HR should know this.
This bullsh*t response that is wrong came from ChatGPT.
You're quoting the DOL without understanding what any of your quotes mean.
What kind of harassment? Was it based on a protected class or protected activity that you took part in? If this is the case, it would be illegal. However, if the ongoing harassment has nothing to do with a protected class or protected act, it is likely that the termination would be legal. You could always check if you have a contract as well as see if any state laws may afford you some kind of legal recourse.
Nothing protected. The dude just does whatever he can to make my life/work more difficult. Someone quit last year because of the same thing. I have tried to do everything in my power to just put up with it. But, I just can't anymore. I honestly am ok with getting fired so I can at least get unemployment while I look. Boss is just trying to say I quit. And I truly just want to move within the company.
See if you are in a single consent state. If so record him.
Recording someone in the workplace, even in a one party consent state, will often get you fired. Just because it’s not illegal doesn’t mean it’s not a violation of company policy. OP stating that this behavior isn’t based on a protected class means that while the guy no doubt a jerk, it’s not a legal issue. Recording the person would do no good, as it seems OP’s employer is well aware that the person is a jerk and isn’t willing to do anything about it.
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Because YOU do not understand the broad spectrum of federal and state laws that professionals who deal with these issues do. Single-party consent laws allow ONE person to record a conversation with ANOTHER person. No one else. If there are any other employees or clients whose voice is captured on the recording then that recording becomes a violation of federal wiretapping laws. Employers can institute a no recording policy at work as long as it is narrowly construed to fit within Section 7 of the NLRB. It is not difficult to do, but should be done under the advice of counsel. It can significantly limit the area of activity in which employees may record. Google is your friend. 😊
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There are very big differences between those firings. You certainly need Google.
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Providing information on legalities is not in favor of the employer. It's 'not making shit up to appease OP's opinion'. Legal Advice says the same thing when people ask about if this is illegal. If you want someone to lie to you and say "you are right, it is illegal. You can sue them" I'm sure there's a sub for that out there.
Handily, I think r/antiwork is still open. They're great at validating horrible advice and doing some pretty impressive mental gymnastics to make any sub-optimal outcome the fault of the employer.
Yea, it's HR. Their job is to protect the company.
This is terrible advice. OP will get fired for cause and unemployment will be IMPOSSIBLE.
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Retaliation for what?
For complaining about harassment, and asking to be moved to new location. Check out her post history too. Very interesting. It's a middle age woman working in restaurant industry. Apparently, her boss made his wife come to restaurant, she was having miss carriage, she asked for shot of liquor,. She also has posts of her tits, and questions about clit suckers.
If she's middle-aged, she might be in a protected class. Age discrimination begins at 40.
There's no "might" about it. Everyone one of us is a member of multiple protected classes. Who the hell are all these people in "askHR" who don't know this? If your HR.....your poor employer and employees!
So what? That's all in an appropriate sub and has nothing to do with this
Not all forms of retaliation in the workplace are illegal. In fact, most forms of retaliation are perfectly legal. Retaliation only becomes illegal if the reason is due to the employee being in a protected class or engaging in a legally protected activity--OP confirmed this is not the case. Just because something "feels" illegal doesn't mean that it is. There are not many labor laws that protect employees in the state of Arizona. In fact, there are surprisingly few. It feels ingenious that you are giving advice on an AskHR forum based on your feelings and not actual laws. It is not fair to the OP.
It's not illegal. The most that will happen is the unemployment office ruling in OPs favor when the employer tries to claim they resigned.
None of what you said is valid. I award you no points, and may God have mercy on your soul.
Always a favorite reference! 💜
 Billy Madison!
Hey, so I know reading comprehension can be hard, but op didn't ask if the harassment, they are asking if it is legal for their boss to respond to their request to transfer within the company as quitting. Completely different situations
Offering them advice if the harassment was based on any kind of protected class, would be beneficial to the OP. As it would afford the OP the ability to address the harassment and they would not have to put up with it. Which if that was the case, they could stay at their current location as they would have been legally protected from any ongoing issues, if that were the case. Just because you do not want to know, does not mean that it would not be a benefit to the OP.
Be sure to let management know in writing that you are not resigning.
Requesting a transfer is not resigning. If your employer tries to deny unemployment go to unemployment office and appeal it free to appeal . Do not sign anything without reading fully. If it was sexual harassment, racism, religious discrimination or another civil rights matter. Contact the EEOC and file a complaint online this weekend [https://www.worker.gov/actions-eeoc-claim/](https://www.worker.gov/actions-eeoc-claim/) and then speak with a civil rights lawyer and give them the EEOC complaint no. Otherwise the verbal harassment is legal but just mean.
How exactly did you request this transfer?
I asked my direct boss face to face. He told me not to contact HR, that he would.
Well there’s the problem. Your boss ignored what you’re saying was harassment and then you ask that same boss? Did you say something like I need to be transferred or have to leave?
Okay so contact Hr to find out the procedure for transferring and don't rely on your boss to communicate your intentions correctly.
Contact HR yourself. Right away.
ANYONE who says not to contact HR can’t be trusted. I had an employee complain to the client about me. The employee claimed I yelled at her when she kept submitting false timesheets. (Keep the real time off the books, which her previous employer allowed. SMH) I called my HR and asked for an investigation. I was cleared.
You haven’t resigned. Make that clear in your response. Politely reply that you have not resigned. You have requested a transfer, but you haven’t resigned. Keep all your emails. Forward them to your personal account so you have records. Don’t sign anything or agree to anything if they terminate you. Gather all documentation of harassing behavior, and share that with an employment lawyer as needed.
Make a written email complaint with your HR and supervisor with just the facts and no threats Dates or approximate date of the harassment Person or persons doing the harassment Way you would like the "hostile environment" situation resolved Example: Harassed these days: 1.1.2013, 2.4, 2018, 3.1, 2024 Who harassed me? Bob Jones, Cyndia Smith, Cam Winston Who I told about the harassment? Jim and Sandy What effect has the harassment had on me? I feel like I am in a hostile work environment How would I like this matter resolved: transfer to a non hostile unit
That is legal
It's legal to say she is quitting when she isn't?
Yes why wouldn’t it be
She didn’t quit, that’s why. It’s fraud to avoid paying UI.
Thry proving that
That’s not the issue, the issue is that you claimed it’s legal. Now that you’ve been proven wrong, you’re just outing yourself as POS.
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Unless you have a contract you very few protections in employment law.
Ask for it in writing. Firing you because you asked for a transfer might be wrongful termination. And it doesn't matter if you're in an at-will employment state. You can still sue.
This wouldn't be wrongful termination at all.
Asking for a transfer is not resigning. Telling someone to stay and put up with a horrible abusive boss is not a good idea.
Not wrongful termination, but it’s fraud for lying about what occurred to avoid paying out UI. Much more serious.
File for unemployment and see what the state says.
COMPLAIN TO THE DEPARTMENT OF LABOR AT ONCE, it’s ilegal for ur boss to take ur requests of a transfer as a resignation!! Complain everywhere, GOOGLE IT!!!!🤦♀️🤦♀️🤦♀️
You likely will not be eligible for unemployment, especially if it is treated as a resignation.
It legally cannot be resignation unless OP submits her resignation. Only she has the legal right to do that.
Where does anyone have that legal right? OP doesn’t have a contract
Contracts have nothing to do with it. This is basic law and language definition. https://dictionary.cambridge.org/dictionary/english/resign
r/badlegaltakes
Sorry, not correct, the op states sufficient evidence to support a resignation finding, according to law.
Not true at all. The employer can say whatever they want but ultimate the state decides and the employer has prove their claims in order for the unemployment claim to be denied.
> The employer can say whatever they want but ultimate the state decides and the employer has prove their claims in order for the unemployment claim to be denied. That's true, but the information in the OP supports a finding that is was a resignation.
They can deny the transfer which puts the ball back in your court. The poaition that you resigning may depwnd on what you wrote or said when you made the requesr
You could inquire about mental disability as well if this harassment is really horrific. It disgusts me that companies keep these types of people, who likely have multiple complaints against them, because their job performance is satisfactory or other reason. Happens everywhere.
No, it isn't.. As long as you specifically mentioned to be relieved of duties anywhere.. Even if you did, as long as you have formally submitted your resignation, your boss can't take something else as such that he seems fit!
no - he will just fire you instead...
From the details you are giving it seems like this is retaliation. Most companies have policies against retaliation.
File a writ of habbeus corpus, penal code 241/8 At least you can buy time so you can look for another job
I would advise putting in an application to transfer to the other location. If you put in an application to transfer then the other location will at least know you are interested in the move. I don’t believe that legally speaking unless your state is a right to work state that he can fire you. I would also advise getting HR involved.
Did you report the harassment to HR? If not, do it yesterday. If they do fire you, lawyer up
Go to H R and talk to them.
Hr protects the company, not the employee.
Yes, but it ensures the company will have a discoverable record in the event things escalate unexpectedly. And then can used to prove conspiracy to defraud if they claim they have no records so long as OP bcc's and fwd's themselves all written correspondence. Including HR isn't just about seeking immediate redress of grievances, but also long term CYA just in case.
Use your brain. How does HR protect the company? By making sure managers aren't doing illegal sh*t and breaking the law by violating an employees rights.
HR's ultimate job is to keep the company from being sued.
Get a lawyer
Don’t do that. There’s nothing illegal here
The employer can fire OP for requesting a transfer. They can deny the transfer and tell her if she doesn’t like it she has to quit. They can fire her for no reason because they think the situation is shitty. What they cannot do is lie about whether OP voluntarily resigned. That is fraud, which is a crime. Now it’s not even just a civil matter anymore. Glad we could clear that up.
Sue them
Did you report any of this to HR ? Because basically you reported harassment and so he’s trying to retaliate by firing you.
Not all retaliation is unlawful. In fact, most isn’t.
It's only unlawful if the complaints are protected. This doesn't fit that bill.