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  1. #1
    Join Date
    Jan 2015
    Posts
    2

    Cool Resignation Under Duress

    My question involves labor and employment law for the state of: Michigan

    I worked for a small family company for over a decade, I was over all staff except the family. The boss begin to cheat with subordinates in the company, the first for a short duration of six months, the second have lasted for over two years. I was basically ordered to make a smooth transition for various promotions and positions and enforced a no gossip consequence for anyone who speak about their relationship. The order came from his mistress a subordinate, and she informed me that he called me a back stabber, and if I did not address the staff about the gossip I would regret it. Unfortunately due to an accident at home, which kept me off work for two months, and the stress I was under before the accident I resigned upon return. It has been 3 months since I resigned, no unemployment or any other financial compensation from the company because the last two years was the absolute pits of my tenure. The stress was his wife and step children works in the company and suspected; 70 percent of a staff of 30 employees were aware of their affair.

    Since I am no longer an employee, can a hostile work environment lawsuit be pursued from being under duress from a unethical boss? The subordinate mistress did tell me about their relationship, I confronted him once about it. When I resigned my health is much better no more headaches, and I informed the company that I was pursuing to start my own company with other individuals. I was just tired. Do I have options, or is it too late?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Resignation Under Duress

    It's not that it's too late - it's that the term, hostile work environment, has a very specific meaning in employment law and what you have described does not meet the definition.

  3. #3
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Resignation Under Duress

    And of course there was no unemployment insurance because the decision to leave was yours. If you leave the job through no fault of your own, after making a good faith effort to solve the situation and deciding there was no reasonable alternative other than to quit, then you have some slight possibility of drawing unemployment benefits. But it's relatively difficult to show that your work situation rose to that level, and that you had really exhausted all reasonable alternatives before quitting. If you had refused to do what they asked, and they had fired you, your chances to be approved would have been much better.

    But in this situation, they asked you to do this, there was a lot of drama here, and you could have, at any point, have refused and let them fire you. You could have left at any time. It's not really the employer's fault you elected to say and be stressed to the point of headaches, extreme stress, mental anguish. A hostile work environment in legal terms is, as cbg has pointed out, not like what you have described. You need to simply move on.

  4. #4
    Join Date
    Jan 2015
    Posts
    2

    Default Re: Resignation Under Duress

    Thanks

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