Was I fired or did I quit?

Question

I told my boss I could not work for him if he continued yelling, cursing, & making sexual remarks to me. (I had walked out of the office 3 times prior due to his yelling & cursing.) This time I mentioned the "sexual remarks" issue. Once I said that, his exact words were: "Get the F*** out of his office. You make me sick. You'll never be successful in any job because you need serious help. Go on, get your things and get out of here. I can't even look at you!" So I left. My question is: Was I fired? I was hoping by bringing to his attention my issues, I would not have to quit. I never had the chance to discuss it any further. Once I mentioned the sexual remarks, he pointed towards the door & said to get out. Is that Retaliation? Do I have a case? If so, is it in my best interest to sue? Is it worth my time? I need to find a job asap. I am so angry that bosses think that since they own the company that they can treat their employees like that. What shoud I do?

Answer 1

Yes, you have a case. Find an attorney and sue.

Answer 2

Sexual remarks can be seen as harassment (whether you're male or female). Yelling and cursing by themselves are usually not actionable because it's the boss' place and some places are just more pleasant than others. However, cursing and belittling you for making a valid complaint about sexual harassment can be seen as part of the harassing activity, or else a retaliation.

Did you have "things" in his office? If so he could have meant that. If not, it sounds like he wanted you to take your thinks from work, which sounds like firing to me.

Even if you quit, if the reason you quit is to get away from sexual harassment it is effectively the same as being fired. It's often called "construcitve termination."

It's worth talking to an attorney, and also any city or state labor departments or the like, to evaluate how strong your case may be. I can't say whether or not you were harassed from what you post here, and if I could I would not be able to evaluate your case -- not to mention that legal advice really has to come from a one-on-one interaction with a lawyer who is working for you and versed in the laws of your state, not a public forum.

Some of the issues that might come up are how long you're out of work, if you lost or were denied stock options, bonuses, benefits, etc., if your new job pays less, if the experience traumatized you or hurt your career in such a way that it was harder to find work, any counseling or other help you need as a result, and your reasonable job search / moving expenses. I don't know but there may also be some penalties available, attorney fees, or compensation for pain and suffering -- but I doubt it. If you have an employment agreement, handbook, if there was a formal grievance procedure, etc., all of that plays into things too.

The deadlines for bringing claims may be tight, so talk to a lawyer soon.

Litigation is often nasty, difficult, time consuming, and they will use all kinds of things against you. It is not always a good way to get over being mad because you will probably get a lot madder before it is all over. On the other hand, if you really did suffer a significant financial loss you may not want to take it lying down. You should make that decision after you've evaluated your options.

Answer 3

You were definitely fired. You are most likely the victim of sexual harassment in the workplace also. Your question mentions "sexual remarks" and your description of how you were fired i.e., "Get the F*** out", leads me to believe that the use of that kind of language was typical on the job. In almost all cases the use of that kind of language is sexual harassment. Your first Step is with the FEPC (Fair Employment Practices Commission and then a law suite but you should do this with an attorney because it is a highly technical field. Find an attorney that has good experience with sexual harassment in the workplace right away.

Answer 4

I would say that you definately have a case here. However, sometimes the judiciary system is not quite fair. You mentioned that you need a job fast. It sounds as though you would not be able to afford a lawyer or the time to bring this case. Also, witnesses and proof would be necessary if you intend to go anywhere with the case. This is definately a terrible way to treat employees. I wish the best of luck to you.

Answer 5

In the long run it doesn't matter. Verbal abuse is not permitted in the work place and neither is sexual abuse, that is if you live in the USA. Go see a lawyer and also file for unemployment benefits as you are entitled to it. Make sure the lawyer you use does not do business with the company you left and if a large company get a lawyer in another town as the company will have great influence on the lawyers in the community.

Answer 6

You have a case but it is a BS one. In the middle of an argument about your insubordination (where you were probably going to be fired anyway) you mentioned Sexual remarks. I think you were a day late and a dollar short.

He could say that he did not fire you he may have been telling you to leave the office, go home for the day, or taunting you to quit. If he didn't specify than it is hard to say.

Answer 7

From your story. He told you to get out of the office. NO where did he say, YOUR FIRED.

You were legally verbally abused. NO body can cuss you at any job. Your problem may be, having a witness.

Who is to say, you would not have quit? You? You said 3 times you would.

Your best chance would be to get other employee's that have been cussed out by him also. even past employees. If you can build a case on "pattern", you have a chance, even with no witness'.

Good Luck.

Answer 8

You were fired. However, you kind of brought it upon yourself. I mean, you could have broached the topic a little more diplomatically. You are the one who mentioned YOU could not work in an office like that - the boss merely granted your request. But you were definitely fired. You could sue if you could get a lawyer to take your case, but what would you realistically get out of it? You aren't going to get a bundle of cash. Do you want that job back? If you got it back your life would certainly be a living hell there. Your best bet is to look to the future and put this behind you.

Answer 9

You were FIRED.

Once he said, "Go on get your things and get out of here."

As far as sexual remarks etc you would have had to document everything. Kept a record of it. You could contact an attorney & ask. They might be able to assist you in this matter.

Answer 10

You were fired plain and simple. Your act of going is but a reaction to what he said. In my country, an employee cannot be fired unless he is given a written notice to explain why he should not be terminated from employment and the employee is granted the right to explain in writing, afterwhich, the employer has the legal obligation to send a notice to the employee telling him of the decision of management. without any of these three, the dismissal is illegal. i dont know about the procedure in your country and how your status in the company (regular, contractual, probationary, temporary) would affect your cause of action. i suggest you talk to a labor attorney so you would be apprised of your rights as an employee.

Answer 11

You were definitely fired. Suing him would probably be a mistake for various reasons. Does this person really have any assets to give you? If not, you'd have a hard time collecting anyway. Also, you could get "black-listed" meaning it would be more difficult for you to find future employment.

The best thing you can do is file for unemployment and start looking for something else.