Can I prove retaliation/constructive discharge/discrimination

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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