Resign or be fired for Harrassment?

[relayer1]

What is the name of your state? pennsylvania. An anonymous letter was sent to my employer complaining of bad language and off color humor by me. I was never allowed to see the letter. My supervisor interviewed my entire staff which confirmed my use of bad language but no one complained. They all said it was done in fun. I'm am now being told that some were intimidated into saying they were incomfortable with my remarks. I was told I would be fired if i didn't resign. I was told that pennsylvania law superceeds our company guidelines that would have allowed disciplinary action instead of termination. I resigned under false pretenses.
Can I get my job back even though I signed a letter of resignation, or sue for wrongful termination.

relayer

 

[relayer1]

anybody have some advice ?

relayer1

 

[Bigfoot]

Unfortunately you resigned before seeking legal advice. If you had allowed yourself to be fired, you might have been able to receive unemployment compensation.

You can sue anyone that you want, however, being successful may be difficult at this point because you don't have access to the reports or people who could have been helpful. It's probably best just to move on to a new venture.

 

[cbg]

"I was told that pennsylvania law superceeds our company guidelines that would have allowed disciplinary action instead of termination."

While it is true that state law supercedes company guidelines, that doesn't mean that the employer was required to discipline you instead of terming you. It only means that the company cannot set up a policy that violates the law. In your case, all it means is that the company had the option of EITHER disciplining you or firing you. There is no law in PA or any other state that says an employer cannot fire an employee because of complaints of bad language.

Your employer was legally within their rights to term you.

You have no case for wrongful termination, and the company is under no obligation to give you your job back.

 

[relayer1]

actuall i am in contact with the staff that are emailing me daily and telling me that they had no complaint against me and that my supervisor pressured them to make a statement. In some instances, a statement was prepared and they were asked to sign. They are telling me they felt intimidated. Still no case ? My boss said I could get unemployent if i resigned because they wouldn't contest it. Did they lie to me ?

 

[cbg]

Still no case. PA is an at-will state (as is every state except Montana) and that means that you can quit any time you want for any reason and they can fire you any time they want for any reason except one that is prohibited by law. As already stated, no law makes it illegal for them to fire you for using bad language. It doesn't matter whether anyone complained about you or not. If the company doesn't like the language you use, they can fire you for that regardless of how the other employees feel.

It is not up to them whether you get unemployment benefits or not. It is only up to them whether they contest or not. It is still possible for benefits to be denied, even if they do not contest, if the state determines that you were fired for a reason that disqualifies you. I've seen it happen. However, I have some experience with PA unemployment and it is my guess that you will be eligible. First off, in most states resigning when the choice is "resign or be fired" still counts as a firing for unemployment purposes. Secondly, in most cases (there are exceptions but nothing in your post indicates that this would be one of them) I suspect it would be a stretch to consider this willful misconduct unless you had previously been warned to clean up your language and you did not. By all means apply. The worst that can happen is that you're turned down, and if that does happen you still have the right of appeal.

 

[relayer1]

thanks for the advice. that answers my question. I guess I'll just move on, as much as my heart tells me to fight this thing.

thanks,
relayer1

 

[relayer1]

I'm having a change of heart and mind. My company offers peer review. mediation and arbitration. In my past experience. I've watched this company pay off people rather than go through the expense of litigation.
I am quickly learning that co-workers were pressured into statements. Statements were prepared in advance and employees were pressured to sign. I had to take my employers word that these allegations were made as I was shown nothing.
When I resigned, Iwas told I had to make a decision on the spot(not true) I was told that even though they didn't have to fire me, the law made it manditory tieing their hands. (not true). These remarks caused me to opt for resignation rather than fight, which I initially told them I planned to do.
Question: Can I still take this to peer review and claim I resigned under pressure, no legal counsel, and false statements to influence my decision?
I don't expect to get my job back, but if i can get into peer review, I can negotiate a settlement.

relayer 1

 

[cbg]

Nothing in the law entitles you to peer review. You can ask for it if you want to, but it's their opt whether they want to allow it or not.