Livonia, MI asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Michigan

Q: Can an employer say that I voluntarily resigned from my job when I did not? They fired me.

I was forced to transfer to a larger site with no pay increases at the beginning of May with one days notice. The staff at the site was calling me racially charged names and had gotten into altercations with each other that included guns. All these things were reported to my supervisor. Nothing was done. May 20th I was without transportation and have been since then. I was not allowed to work from home, even though I have in the past for transportation issues as well. My salary pay was docked by almost 800 dollars and I was unable to purchase a vehicle, which made my leave longer. I was told to let them know via email by June 7th when I would be returning. I emailed them asking if my vacating time was being applied to my time off because I need that money to purchase my vehicle to get to work. Their answer was an email stating that because of my continual absences I was voluntarily resigning. That is not true. I feel forced out. I reported major issues that were never addressed.

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your experience. If your employer is claiming you voluntarily resigned when you did not, this could be a serious misrepresentation of your employment status. It's important to document all communications and incidents, including emails and reports you made to your supervisor about the issues at the larger site.

You should reach out to an employment attorney who can help you understand your rights and possibly assist in disputing the employer's claims. An attorney can guide you on how to formally challenge the resignation status and explore potential claims of wrongful termination or constructive dismissal, especially given the hostile work environment and lack of action on your complaints.

Additionally, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe the racially charged harassment and other issues were not properly addressed. This can help ensure your concerns are taken seriously and may lead to further action against your employer.

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