When your employer asks you to resign from your position at the company you work for, it is not uncommon to feel confused and shell-shocked. Being terminated is typically more cut and dry, and an employer may have evidence that supports this action. If you have been asked to resign, but you are not ready to quit your job, do not panic. There are options that are available to you, and consulting with a Fayetteville forced resignations lawyer can help you explore your legal remedies. Call Ken Kieklak, Attorney at Law, at (479) 316-0438 and schedule a free consultation.
Should I Quit My Job?
The first question you may be pondering is whether or not you should quit your job. This all depends on the facts and circumstances surrounding your resignation. You may be tempted to resign out of fear of being fired, but most employment attorneys would advise against resigning prematurely. Before quitting your job, you may want to discuss the following with an experienced Arkansas employment law attorney:
- Severance package – If your employer is offering you a generous severance package upon resignation, your best option may be to resign and take advantage of your company’s offer. Whether this is the right decision for you all depends on your financial situation, and if this option suits the needs of you and your family.
- Collecting unemployment – If you decide to quit your job, collecting unemployment benefits may not be an available option. In order to collect unemployment benefits after quitting your job in Arkansas, you must have “good cause.” Good cause may include sexual harassment in the workplace, dangerous working conditions, change in job duties, and/or discrimination.
- Future references – Resigning from your job looks more favorable to future employers than a record of termination. Nevertheless, you may still need to list your current employer as a reference, and future employers may want to know the context behind your resignation. This is something you may want to discuss with your current employer in addition to an attorney.
What Should I Do if a Hostile Work Environment is the Reason for My Resignation?
All employees deserve to feel safe at work, and they deserve to be treated with respect and dignity by their employers and other colleagues. If you feel like you are being harassed and/or discriminated against in the workplace, there are legal safeguards you can utilize. Some examples of harassment and discrimination include:
- Offensive or crude jokes
- Racial slurs
- Interference with work performance
- Physical assaults or threats
- Mockery or ridicule
Although you may feel threatened or intimidated, it is not wise to continue suffering from workplace harassment or discrimination. On the same token, quitting your job to avoid a hostile work environment is not in your best interest either. Filing a claim with the U.S. Equal Employment Opportunity Commission (EEOC) against your employer. In order to succeed on a harassment claim with the EEOC, an employee must show that the discrimination or harassment was based on one or more of the following:
- Age (40 years old or older)
- Race
- Color
- Sex (including pregnancy)
- National origin
- Disability
- Genetic information
When an employee is discriminated based on one of the items listed above, it is considered a violation of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1991 (ADA), and/or the Age Discrimination in Employment Act of 1967 (ADEA). In order for a claim for harassment to be held as unlawful, it must be found that:
- An employee must endure the harassment as a condition of continued employment; or
- The conduct is pervasive or severe to the degree that a reasonable person would consider is to be hostile, intimidating, or abusive.
There are limitations on when an employee has the option of filing a lawsuit after filing a claim with the EEOC. For example, if an employee wants to file a federal lawsuit alleging discrimination on the basis of race, color, religion, age, sex, national origin, disability, genetic information or retaliation, he or she must first file a claim with the EEOC. The EEOC will then conduct an investigation and will provide the employee with a Notice of Right to Sue. After receiving a Notice of Right to Sue, an employee has 90 days to file a lawsuit. Age discrimination lawsuits can be filed at any time after filing a claim with the EEOC, but they can be filed no later than 90 days after the EEOC has given notice that the investigation has concluded.
Our Arkansas Forced Resignations Lawyers Can Help
If you are being forced or pressured to resign from your job, there are legal remedies that are available to you. To explore your options with a skilled Fayetteville forced resignations lawyer, call Ken Kieklak, Attorney at Law. Call our law offices today at (479) 251-7762 to schedule a free and confidential consultation.