Being Harassed At Work? 2 Reasons Not To Quit Your Job
Going to work every day usually isn't anyone's idea of a good time, even under the best of circumstances. So if you're facing sexual harassment at work, it can be very tempting to simply quit – why put up with a hostile environment when you don't have to? But the truth is, quitting your job over harassment may be a bad idea. Take a look at a few reasons why you should stick with it a little while longer.
You Won't Have A Case If You Quit
If you know that you're being harassed or discriminated against because of your gender, you probably also know that you may have a case against your employer. After all, gender-based harassment is illegal. However, what you may not know is that by quitting, you may be throwing your case out the window.
The way the law works is that you first have to give your employer a chance to rectify the situation. You can't hold your employer legally liable for harassment if you never told your employer that the harassment occurred in the first place. That means reporting the harassment (put it in writing and save a copy of your documentation) and going up the chain of command if you don't get the results you want. Hopefully, your employer will do the right thing and put a stop to the harassment. If they do, you won't have a case, but your workplace will become a more pleasant place to be. If the employer does not put a stop to the harassment, then you have some legal grounds to sue.
Retaliation Is Often Easier to Prove
What if you report the harassment, and your employer does nothing – or worse, retaliates against you, perhaps by demoting or transferring you? Then can you quit?
The truth is, actions like these only strengthen your case. It can be tough to prove sexual harassment. Unless there are witnesses, you might never be able to prove that someone in your workplace treated you poorly because of your gender. However, if you report the harassment to your employer and document it, it will be easy to prove whether or not any action was taken.
If your employer can't show that they took steps to address your complaint, or if they took some action against you, like a demotion, shortly after you made the report, that is evidence that will help you and hurt your employer. Sexual harassment cases that are successful in court often involve situations that got worse before they got better, because the inaction or retaliation of your employer is often the best evidence for your your claim. You're better off holding onto the job and letting the situation play out – while consulting a lawyer for advice, of course.
You Will Lose Your Leverage
Maybe you don't want to take the matter to court – you just want it to be over. In that case, it's still not a good idea to just quit. By quitting, you lose your leverage. Most employment contracts specify that you lose any severance pay if you quit, and you probably won't qualify for unemployment benefits either.
What you may be able to do is use your leverage – the possibility of legal action – to negotiate the terms of your leaving the company. If you don't want to go to court, but you potentially have a good case, your employer is likely to be willing to discuss a mutually beneficial severance package. And leaving because you and your company both agreed to terminate your contract will look better on your resume than quitting.
There are some exceptions. If you're being physically threatened, for example, and your employer takes no steps to protect you, your lawyer can make the argument that you were effectively forced to resign to protect yourself from harm. But if you're being harassed, you should definitely consult with an experienced sexual harassment lawyer before you take the extreme step of quitting. Your lawyer can help you decide the best course of action to protect your rights and get a positive resolution for your complaint.
For more information, contact Davis George Mook or a similar firm.
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