Must I resign if they ask me to?

[ldyroper]

What is the name of your state? North Dakota

Long story short, been harrassed by Native American Commissioner (I am white) regarding my job, and making false reports of my being rude, and giving incorrect legal advice. All of which will be printed in the local paper under the County Minutes. (slander? Defamination of character?) Now, I am being asked to work 8 hrs a day. When hired, I was given set 20 hrs a week by my direct supervisor. They knew at that time I did not want to work f/t and could not work f/t. This commissioner knows I am unable to work full time and has put in writing I am needed 8 hrs a day and I am to work that. I sent a letter to them saying I would not, could not and was hired for the 20 hrs a week. And included a copy of something to that effect from my personnel file.
I feel The commissioner is trying to make me quit, I think that she will tell me I must resign since I cannot fullfill the 8 hrs a day.
What if I refuse to resign. Im sure they may then fire me. Can I get unemployemnt if they force me to resign? Or if they fire me? I refuse to quit. I do a good job what Im doing, and they know it. It doesnt matter, the Commissioner had a personal problem with me. Or, could this be a matter of discrimination, even tho there have been no racial words spoken?
Any advice would be appreciated.

 

[Beth3]

If you are being treated less favorably because of your race, that is prohibited discrimination however the facts of your situation are far too vague to draw that conclusion. The mere fact that you and the Commissioner are of different races does not mean that race discrimination is occurring.

As to your hours of work, absent an employment contract or CBA with provisions to the contrary, your employer may change your hours of work as they wish. If you refuse to work those hours and refuse to resign, you can anticipate they will fire you. As to whether you will be eligible for unemployment benefits, that depends entirely on your State's UC laws. If you find yourself unemployed, all you can do is apply and see what the UC Division rules.

 

[Loose Ends 2004]

Why do you think ancestry is the reason for NA Commissioner not liking you? Does the Commissioner have a problem with everyone who is not NA? I'm not seeing the connection.

 

[Crazyhorse]

You have some nerve! The white-eyes came and stole the land and then you complain about some sioux elder harassing you at work? You're lucky he didn't try and scalp you!

 

[hexeliebe]

Long story short, been harrassed by Native American Commissioner (I am white) regarding my job, and making false reports of my being rude, and giving incorrect legal advice. All of which will be printed in the local paper under the County Minutes. (slander? Defamination of character?)

without knowing whether the incident you are speaking about occurred on an Indian Reservation or a muncipality, no one can hazzard a guess as to what recourse you MAY have.

However, there are general assumptions, (the other two idiotic responses notwithstanding) above what Beth has already told you.

If these comments were made in a city council or county commissioner's meeting, then you have every right to rebute them in public. Since you cannot likely sue an arm of the government (it would depend on if the body you allude to is considered an 'arm of the government') the only recourse is to have your side of the disagreement on the record.

Also, although it is not required, personnel matters are usually held behind closed doors and are not subject to 'sunshine' laws. Therefore, if and when you get the chance to state your position, you might want to bring this up.

Also, regardless of who made the statements, the newspaper printing them, or the statements made do not (based solely on your post) rise to the level of slander.

The only recourse you have at this time, again based solely on what you posted here, is to approach the newspaper with your copy of the agreement and give your side of the issue.

Believe me, if the newspaper smells a 'hot issue' they will not turn down a chance ....

 

[ldyroper]

This occured

On a reservation, however in the County board of Commission meeting. (The accusations against me) I was not present during this meeting, it was an open meeting however, nor did the commissioners ever ask me about the situation. It was posted in the min and now at the printers.
The only thing in the minutes hand written by the Auditor, was about my hours, changing them to full time. At a later date, the NA Commissioner called and told the Auditor what to print about the rudeness, etc...(which is something the NA Comm But, the Auditor said it was discussed during the meeting, but it is NOT in her hand written notes.
It is actually a personal thing the commissioner has w/me- as I am all for a recall petition being circulated against her. She knows I can not work full time, and thus, has figured on a way to get me out.

 

[Beth3]

"It is actually a personal thing the commissioner has w/me- as I am all for a recall petition being circulated against her" Then why are you wasting everyone's time asking if this is prohibited discrimination when clearly race has nothing to do with this, as you obviously know. It's understandable why you aren't on the Commissioner's list of favorite people.

 

[ldyroper]

not everyone likes everyone they work with,

but that also doesnt give her the right to print lies about me, for which they are not recorded in the original minutes, threaten my job on two occasions, several other uncalled for remarks, and now threaten my job by increasing my hours. Very well knowing Im unable to work the extra hours. The stress caused by this woman has upset my life, and my spirit. I suppose its the POWER position she holds, and its all a power thing. I just feel its wrong. But I do have something inwriting about my hours from last year. But, I see now they can change the job hours to anything they see fit. And I wanted to know if I was asked to resign, if I had to. I will not quit, because I am doing a superb job at what I am doing, and have lots of credible evidence for it.

And my comment for White Eyes, It was the NA who sold their land and took it out of trust for money--- no one stole it away from them. If they hadnt had taken it out of trust and sold it, it would still be theirs.