I constructively discharged my employment due to discrimination

by Sam

I constructively discharged my employment due to discrimination.

I filed for unemployment and am now scheduled for a phone interview next week.

A male coworker has been working for 4 months out of state and abroad and he continues to do so (we have the identical job).

I went to my boss and asked if I could start working remote, she replied she would ask her boss and get back to me the next day. The next day - end of day I asked if I was able to start working remote and her reply was "no" without explanation.

I emailed her boss and asked myself if I could start working remote, explaining my coworker has been doing so as explained above - and she did not respond to my email.

The next day I went to HR and filed a discrimination complaint. The day after that I was told my job was going to change - I was going to have to start going to clinics 3 days/week (I work in a corporate office). I emailed my bosses boss and explained I thought I was being discriminated against as explained above, after multiple requests to work remote - being denied then ignored.

The next day I went to the equal rights commission and they immediately filed a discrimination charge. The next day, a meeting was called with my bosses boss, HR manager, and my 2 coworkers, both of whom had asked to work remote and were denied as well without explanation.

Prior to the meeting my coworker verbally attacked me due to me filing a discrimination complaint. I went to HR crying regarding the verbal attacks. Nothing was done.

The meeting then took place and we were told we could work remote, but we would still be required to attend the clinics and meetings. I asked about going to the clinic 3 days / week as this was not the job I was hired for and she responded I would.

I again brought this up after the meeting to the HR
manager with no response.
The verbal abuse continued throughout the rest of the day by my coworker.

I then constructively discharged my employment.
I did go back to the equal rights commission and they added to my charge that I constructively discharged my employment due to my complaints of discrimination.

Chris's Response To: "I constructively discharged my employment due to discrimination"

Would it be possible for you to nail down the chronology of all these events to help me understand how much time passed between the first time you asked your supervisor if you too could work remotely and the final day you believe your employer constructively discharged you by forcing you to voluntarily quit due to discrimination (type of discrimination not specified by you).

And could you elaborate more about the final incident you're now claiming as discrimination (which actually sounds more like you're claiming there was some retaliation allowed to take place by a co-worker. Why were they upset with you, was it that you effectively altered even her/his terms and conditions of working .. to force them to also go to "clinics"?

Seems to me you probably shouldn't be counting on unemployment benefits, at least not right out of the gate after the initial phone adjudication interview, because the employer did in fact, agree to allow you to work remotely.

But you should also know, I have no idea what you mean when you tell me you would have to work "clinics", or why doing so would of changed the terms and conditions of your employment to such a point as your job no longer actually being the "suitable work" you hired on to do .. which I'm assuming you accepted knowing you wouldn't be working remotely.

I for one, do not think it's a good idea to toss the word discrimination around .. unless you know what makes discrimination .. discrimination in your case and how you're going to prove to the Nevada unemployment dept. you did exhaust your options .. before you quit for .. maybe retaliation?


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