Employment Law Information

Here’s my situation:
I filed a complaint to EEOC 3 weeks ago. I am still employed in my current job (the subject of my complaint) 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 a hostile work environment due to harassment, discrimination and retaliation in my workplace in Buffalo, NY.

Can i submit my resignation letter 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 free and clear from any kind of negative reports.

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 and gain respect from co-workers, because right now I am experiencing panic attack every time I am thinking about coming back to work to my current 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 June 06, 2010 and will take effect on June 20, 2010 will that be considered also as my 2-week notice (just to comply with the employer policy on giving notice), even if I am still on disability leave? Or do you think I am really required to submit 2-week notice when in fact I am on FMLA leave? I am confused on this issue.

As soon as I submit my resignation letter, by law, 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?

How will it affect my complaint filed at EEOC in case I quit? Will it make my case stronger or weaker? Or do you think after my FMLA runs out on June 20, I just go back to work and be patient to endure the hostile work environment until the final verdict comes from EEOC?

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?

When I try to think about it, I just don’t feel leaving my current job of 4 years just like that because of the benefits and pay they provide, and if I start a new job it will not give more pay and not much benefits because it is an entry level position and I will lost my seniority in my current job.

Please, I need your help for some expert advice on what I am suppose to do based on the given situations above.

Thank you.

Answer:

If your doctor has you on disability, only your doctor can release you from it.  The reason you are on disability is because you cannot work.  It’s tit for tat.  You can’t do both.  You need to discuss it with your doctor to evaluate whether or not you’re mentally ready for a new job.

You don’t have to wait on the EEOC.  They are investigating what happened at a particular point in time or cumulatively.  If they find your employer did discriminate against you, you don’t have to still be working there.  

Legally, your employer cannot give a false disparaging commentary about you.  You DO NOT have to give them a 2 week notice unless you have an employment contract with them.  You can just straight up quit and cite that you were ready, willing and able to work for XYZ company, but were constructively discharged due to the hostile work environment created by harassment, discrimination and retaliation.  Don’t you dare pat and powder their ass with a 2 week notice.  Jeez Louise, you already have the EEOC on them and you want to be courteous and give them 2 weeks?  It’s a little too late for that.

Your best option is to click here to speak to an attorney near your home.