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  1. #1
    Join Date
    Aug 2012
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    9

    Default Unfair Accusation of Harassment - Was it Racial Discrimination

    I was asking a white female a question as to what was the difference between sales and retail since she did worked in that depart. For some odd reason, she ran off and reported to the HR department to complain that she was uncomfortable with me asking such question. HR jumped all over me and said that I was harrassing her, I voilated company policy(which had nothing to do with speaking to her) and that I needed to stay 1000 ft away from her and to NEVER speak to her again. He then tried to get me to sign my name on a blank paper so that he could put and note in my file showing that I had agreed to harrassing her. He kept insisting that I sign the paper and I kept saying no because I did not want to admit to a false accusation that would be in my file for one year as they mentioned. They never wanted to hear my side of the story and they had already made their decision to wrte me up . At this point I was forced to resign. This was the same lady who gave me a ride to my building 5 times last year. She used to always stop and ask me to ride with her. I never said anything bad, or out the way to make her feel this way. On the first ride it was pouring down rain when she stopped and asked me to ride with her. She then reached out to shake my hand but I said that my hands was too wet but she insisted that we shake hands. She offered to pick me up 4 more times and without complaint , or any actions of discomfort. I went back two days later to try to get my job back and the HR manager said that the only way that I could NOT come back was if I was vendictive in which I was only trying to get my job back. She promised to call me by noon to tell me when to come back to work but she never called. On the next day when I called her she said that they had decided to go along with the resignation although I was told that I could come back. I am part of the protect class and would think that they were trying to get me to resign because of it.

  2. #2
    Join Date
    Dec 2009
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    1,330

    Default Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them

    Unless the HR person was holding a gun to your head, you weren't "forced" to resign in the eyes of the law. As defined by law, you resigned voluntarily. The company has accepted your resignation and has no legal obligation to reinstate you.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,931

    Default Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them

    You have posted nothing to suggest that there was any racial discrimination involved.

  4. #4
    Join Date
    Aug 2012
    Posts
    9

    Default Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them

    No. It wasn't to that extent, however, according to the EEOC guidelines this was considered contructive resignation. If I would have stayed then they would have said that I was being insubordinate to their request and fire me. Would you stay if your employer accused you of harrassment especially if he didn't know the meaning of it? Its like agreeing to put false documents in my files. I'm assuming by your response that you are not a part of the protected class and that you aren't concern about civil rights.

  5. #5
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    Sep 2005
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    73,109

    Default Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them

    You mean "constructive termination".

    Whining like a baby and insulting the volunteers here won't help you. If you're going to be nasty to somebody who is both trying to help you and giving you accurate information merely because you were hoping to hear something else, you're setting yourself up for an unhappy life.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,931

    Default Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them

    Then you would assume wrongly.

    However, I cannot create a racial discrimination claim for you out of the facts you have provided. If you feel that one exists, by all means run it past an employment attorney and see if he or she thinks you have enough to take to the EEOC.

  7. #7
    Join Date
    Aug 2012
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    9

    Default Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them

    My post suggest that there may have been racial discrimination for two reasons. First, she was a white female and I am a black man over 40. There was no reason for them to jump all over me just because I asked a simple question about sales and retail. How can they call that harrassment and why was they so upset because I asked her about it? If it was a white guy asking her the same question I DOUBTseriously if she would have EVER said anything. Second, they had no business to tell me NOT to EVER speak to her again, stay a 1000 ft away as if I had done something dirty and shameful which goes against my civil rights. THE FREEDOM OF SPEECH. They even yelled at me of looking in the company directory as if I was forbidden to do so. Every employee has been given the right to look in the company directory and use the company computer. Plus the same directory is listed on the World Wide Web for anyone in the world to see. I'm assuming by your post that you are not part of the protected class and that you are not concern with civil rights.

    - - - Updated - - -

  8. #8
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them

    Alrighty then.

  9. #9
    Join Date
    Aug 2012
    Posts
    9

    Default Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them

    Quote Quoting Mr. Knowitall
    View Post
    You mean "constructive termination".

    Whining like a baby and insulting the volunteers here won't help you. If you're going to be nasty to somebody who is both trying to help you and giving you accurate information merely because you were hoping to hear something else, you're setting yourself up for an unhappy life.
    No, I meant "Constructive Resignation" as stated in the EEOC guidelines. Now see, just becauseI assumed that about someone you are already getting offended. Just how would you have acted if you were agreeing to have FALSE documentation in your employment files? And forced to sign a blank piece of paper so that they can write whatever they wanted on it as if I was going to agree to harrassing someone. I'm not whining, or being nasty I just thought that I can bring my concern here and that someone who are an expert about unfair practices in the workplace can have better discernment. If you are a part of the protected class, do you know your civil rights Mr. Knowitall?

  10. #10
    Join Date
    Sep 2005
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    Default Re: Was It a Racial Discrimination Cover Up of My Former Employer and Can I Sue Them

    When an employer says, "Either you resign or we'll fire you", that's constructive termination.

    Constructive resignation occurs when an employee "engages in conduct inconsistent with the continuation of the employee-employer relationship." For example, if you were to burn down your place of work such that it was impossible for you to continue performing your job, your employer could deem that a "constructive resignation", and you wouldn't have a prayer of claiming wrongful termination.

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