Q: Can I sue my place of employment for retaliation and discrimination?
Hello,
My boss and I got into a heated disagreement. Afterwords I told my co-worker I needed to leave because I was so upset . The next day I reached out to another co-worker to cover my shift which is protocol when we know we'll be calling out. The next day my boss sends me an e-mail saying he is accepting my resignation. I replied back saying I didn't resign and followed protocol by getting a co-worker to take over my shift. He continues to say he needs me to hand in my materials. Now I've covered for my co-worker multiple times without anyone telling me they wouldn't be coming in and also covered when they left early without letting the boss know. My co worker was never forced to hand in their resignation or fired or even disciplined. But, I am being forced to hand in my resignation without any
form of disciplinary actions. Being as though I am a female, my boss is male and my co worker is male is this discrimination? Also would it be considered retaliation?
A: If you did not resign, I would not "hand in a resignation." However, your employer has the right to just fire you instead. This may be retaliation, but it would not be unlawful retaliation for which you can file an employment claim. As for the discrimination, if you have lost your job because you are a woman or have been treated differently than a male in the same circumstances, you may have a claim for unlawful discrimination based on sex if you are fired.
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