Can I prove retaliation/constructive discharge/discrimination

UPDATED: Oct 1, 2022

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Can I prove retaliation/constructive discharge/discrimination

I’ve been at my job for a year and a half. I work
in a sheet metal warehouse and I am the only
female. About 5 months ago my boss was fired
for sexual harassment and I believe since then
I have never been treated the same nor fairly at
all. I believe they are just pushing my buttons
so I will get fed up and quit. I have a lot of
examples to prove this, but I was told by a local
lawyer I did not have a case.

Asked on January 31, 2018 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

That is correct: based on what you write, you do not have a case. Remember: employment in this country is "employment at will": not only does that mean that your employer may simply terminate you at will, for any reason or no reason at all (which means they don't need you to quit: they can terminate you whenever they want), but it also means that your employer has no obligation to provide a fair, decent, or professional workplace to you, or to treat you with fairness and professionalism. They *can* treat you unfairly and "push your buttons" and that is their right; because they have the right to do this, and you have no right to be treated well, there is no claim of constructive termination. The law makes it that your recourse if you don't like how your job treats you is to get another job.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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