Q: I have been employed by a company for the 3 past months. I came from France to especially work for them. The HQ is based
The HQ is based in Austrlia (HR service included). My line manager and colleague kept on harasing me - playing an elephant song every morning when I come in the office. When I eventually decided to wear head phone so I cannot hear their sarcastic jokes my boss sent me 'sarcastic emails'.
Went to hospital 3 time the past month for heart palipitation due to stress. The doctor gave me 2 weeks sick leave for stress related to work. I sent my resignation during the sick leave and asked my boss to send me a basic reference of employment. He will do it once he'll be back from Canada (no date). I then contacted HR in Australia and have been told that I have to wait for him. I got a job offer they are asking me contact details from previous line manager. I don't know what to do as:
- even if i give the contact I am not sure that they would provide the reference
- I am scared of what they would say, as you can never know what has been said
I am only 25 and I don't know what to do?
A:
I am not certain that I understand your question.
If the question were "does my employer have to provide an employment reference" the answer would be no.
However you have described a work induced stress claim according to your doctor. Did you file a workers compensation claim? Workers comp lawyers cost you nothing unless they recover benefits for you. You should call several and discuss options.
As for constructive discharge "having to resign" those cases are difficult but not impossible. Was the harassment based on sex or your membership in a protected class of employee? You should discuss your specific facts personally with an employment lawyer. Many of us charge nothing to discuss potential claims on the phone. No point in meeting with a potential client if we don't truly believe we can help. Good luck. Call some lawyers.
Barry E. Janay agrees with this answer
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A: You may have a claim for a constructive discharge based on the facts you've presented. Call or email an employment lawyer like myself or the other posters to discuss working out a resolution with the employer that would allow you to get back on your feet by paying relocation expenses and providing a severance.
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