Should I quit my job or wait for my employer to fire me?
Question:
I filed a complaint to EEOC. I am still employed but right now I am on a disability as per my doctor’s medical report due to mental anxiety and emotional distress i suffered due to harassment, discrimination and retaliation in my workplace in Buffalo, NY.
Can i submit my resignation while I am still on disability because I feel it is impossible to go back to work because of the hostile work environment and I feel they (management and co-workers) will further make retaliation because I made a complaint to EEOC. I am right now on a protected leave as per medical report submitted by my doctor (since March 22, 2010 to present) which is called the FMLA and its good for 12 weeks and runs out on June 20 but I lost wages and waiting for my work comp to be approved. I don’t want to finish my disability (FMLA leave) until June 20 so I want to quit and submit my resignation before June 20 telling my employer I am not coming back. What is the law for an employee who is on disability due to mental anxiety and I want to go back to work on full time but Not in my present employer. Will it affect my file records and will my employer put red flags on my file in case I submit my resignation letter while I am still on protected leave which is FMLA? Because I don’t want my employer to make charges or any form of negative reports against me and I want my HR file records to be clean.
Actually, I already applied to another job and I was interviewed and offered a job but I cannot work on this new job unless I am officially released from my current employer. I really want to get a new job where I will be treated fairly and at peace because right now I am experiencing panic attack every time I am thinking about coming back to work in my present employer. I don’t have any income right now that’s why I want to get a new job. As soon as I submit my resignation letter let’s say on May 22 and will take effect on June 07, will that be considered also as my 2-week notice even if I am still on disability leave? Do I have to wait for the written response of my current employer approving my resignation letter? What if they just ignored my resignation letter and I did not received any response at all, can I proceed and accept the job offer with new employer?
Will the EEOC continue to process and make progress investigation (until the final outcome of their verdict) even if I am no longer working in my current job which is the subject of my complaint?
Thank you for your legal advice. I appreciate.
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5 Responses to Should I quit my job or wait for my employer to fire me?
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If you quit your job there still may be some ways to prove that you are eligible for unemployment benefits.
These may have different restrictions depending upon where you live, but here are a few reasons why you won’t get unemployment benefits.Thanks for sharing this great post,I’ll recommend this site to my friends.So thanks a lot!
Chances are pretty good your employer is NOT going to fire you any time soon. That would appear as retaliation and any smart employer wouldn’t dare go down that road.
The EEOC will continue to investigate (or they should) even if you are no longer employed. If you do return to work and suffer additional retaliation you can file additional complaints with the EEOC. Usually it is not in an employers best interest to ‘let go’ an employee who has an active complaint on file but in your case you are seeking to take on the duties associated with a new job. I’m not so certain. Yours is a tricky one. I realize this may not answer all of your questions. I wish you all the best I know you have to do what makes the most sense for you.
1) I AM NOT GIVING LEGAL ADVICE.
2) You got a new job. Quit this one effective immediately and take it.
3) EEOC should continue its investigation.