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Should I quit or be fired to win unemployment in Indiana



I have filed a grievance for harassment RE: intimidation and also feel as if i have been discriminated against.

I am the only male in a four person department. I have recently exhausted my FMLA time for two separate conditions. I have been in my position for three years and always received glowing reviews.

I started getting the feeling that they were looking to fire me when i missed a week due to illness per doctors orders, pre FMLA. I was written up for something that had been standard practice for 2 1/2 years.

I work in HR and asked a hiring manager what salary range they had in mind for the position they were looking to fill. I had comments made towards me like "failure" and "disappointment" after the fact.

I proceeded to file the grievance (which was dismissed) and was then written up two more times.

At years end they rendered a horrible performance review. I have been sick with a separate condition for a week or so.

The working conditions are very toxic and I can't hardly bring myself to go in another day. Should I quit stating harassment/discrimination or continue to call in until they fire me. I am in a great deal of emotional distress. Please help.


Hi L,

Well you know, I was following right along until you brought up the "salary range, HR hiring manager and the new position". Does this have something to do with your situation?

What it sounds like you are talking about is quitting in "Anticipation" of a discharge and this is a disqualifying reason to quit almost always.

If the grievance for harassment was found to be without merit .. I would ask if you have stepped up your complaint with an agency complaint .. either EEOC or if Indiana has a reporting agency for this type of complaint. You do know that that alone might provide some protection of your job for a while? And is something I do suggest if one is going to quit due to harassment.

If you would like to discuss this with me more, I suggest you consider a phone consultation with me.

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Jan 28, 2010
Thanks for responding
by: Anonymous

Sorry for not clarifying. I work in an HR capacity. I am mainly responsible for recruiting. I was written up for the first time for asking a hiring manager for a specific salary range for that requisition. I believe that i was written up as retaliation for being out ill under doctors orders.I believe that comments made to me such as "total failure" and "major disappointment" constitute harassment. Also, while on FMLA I had asked the company if they could please consider paying me for PTO time that I was to accrue on 1-1-10. They had committed such an act for a female associate in the past year. I received an answer that stated the the hr executive staff had consulted an outside law firm and is discontinuing that practice. I view this as discrimination. Thanks for all your help. I anticipate being fired within the next few days.

Well truthfully, I don't think there is any discrimination in what you think there is, but I also don't see how asking for information about the salary range for a position of which you were hiring is misconduct either.

So this begs the question .. what else have you been written up for and are they and the "final incident" which will prompt the employer to terminate your employment, equally as lame.

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