Forced Resignation/Possible Discrimination

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Latest post 03-30-2012 3:21 PM by Taxagent. 3 replies.
  • 03-30-2012 1:53 PM

    • dallascg
      Consumer
    • Not Ranked
    • Joined on 06-30-2006
    • TX
    • Posts 7

    Forced Resignation/Possible Discrimination

    Worked for a major company 2 years. No discipline whatsoever. Supervisor traveled out of the home office (9hrs) and showed up in my residence city unannounced. Called me and told me to come to the hotel where he was staying. Went into the room and an associate employee was present. Supervisor looked at me and stated, "I think you are a liar." He stated that on a time log I prepared, he disagreed with the amount of time I entered to perform a task (the log is not used for compensation. I was a salaried employee). I stated my justification, which he disagreed with. He also made several insults towards me in front of my associate, calling me a "liar" and "drama king." I looked over at my associate employee and he had a raised eyebrow and was slightly shaking his head, like he was puzzled why this was happening. My supervisor asked the associate employee to leave the room. My supervisor said, "You have a choice of 1 of 2 things. You can resign or I will discharge you for misconduct." I maintained my composure, wrote out a basic resignation letter and the associate employee returned inside, who then signed as a witness. 

    I then looked at my supervisor and told him, "If I seemed out of sorts for some reason, it is because I am getting treated again for my bipolar disorder but I did nothing wrong." His response was "When you took the job, you were asked if you had any limitations that prevented you from doing the job. In that case, you should have never applied." He then confiscated all my equipment and the associate employee took me home. 

    I filed for unemployment and the state in their investigation found no support for misconduct and that my former employer must pay UI benefits. My supervisor also, in his statement to the state, made comments such as I looked "disturbed", "upset" and that I refused to travel (which is a lie). He also stated that the associate employee witnessed me write the resignation and that he offered the "opportunity to resign" never mentioning that I would be discharged if I did not. The state saw right through it.

    No prior discipline, numerous commendations and I was terminated because he did not agree with a matter of 1 hour. But I am more concerned with the comment he made after I told him about my bipolar.

    Comments or input???? Thanks.

  • 03-30-2012 2:05 PM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on 01-03-2010
    • Posts 4,338

    Re: Forced Resignation/Possible Discrimination

    dallascg:
    But I am more concerned with the comment he made after I told him about my bipolar.

    What he said was inappropriate; however, he stated that at the time he was firing you (or "letting you resign").  Nothing in your post indicates that you were fired because of your disorder.  It sounds as though you won your UIC claim; I do not see that you have anything to pursue based on what you have posted.

    dallascg:
    filed for unemployment and the state in their investigation found no support for misconduct and that my former employer must pay UI benefits.

    Just a point of clarifcation: The employer does not "pay UI benefits."  The employer pays a UI tax on all subject employee wages up to a certain ceiling. The rate is based on the employer's history.  This goes into the state's fund.  Employees make claims for UIC and are paid out of that fund if their claims are approved.

  • 03-30-2012 3:18 PM In reply to

    Re: Forced Resignation/Possible Discrimination

    I think your supervsior handled the situation very poorly but nothing in your post indicates that the decision to terminate your employment had anything to do with your disorder.

    I filed for unemployment and the state in their investigation found no support for misconduct and that my former employer must pay UI benefits.  The State determining you are eligible for UC benefits does not in any way indicate your employer acted unlawfully.  It simply means you weren't terminated for a reason that would disallow unemployment benefits (or that the employer didn't sufficiently prove their claim that you engaged in willful misconduct.)

  • 03-30-2012 3:21 PM In reply to

    Re: Forced Resignation/Possible Discrimination

    dallascg:
    I then looked at my supervisor and told him, "If I seemed out of sorts for some reason, it is because I am getting treated again for my bipolar disorder but I did nothing wrong." His response was "When you took the job, you were asked if you had any limitations that prevented you from doing the job. In that case, you should have never applied." 

    Two key questions here are (1) how much did you supervisor know about your bipolar condition BEFORE he fired you and (2) did you ever indicate to him that you needed reasonable accommodation as a result of the bipolar condition?

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