You shouldn’t have resigned. You put yourself in a very difficult position.
Was Shop Steward present when he was screaming in your face?
Yes, he had to get the labor manager to calm down.
Your case was not Constructive Discharge.
He was not going to alter your hours, he was going to take away all your hours by discharging you for sexual harassment. Perfectly legal.
Even if he was not going to discharge you and he was going to cut you back to your guaranteed 3 1/2 hours, still not Constructive discharge.
This is wrong for several reasons.
Logically, if he could have fired me on the spot he would have had no reason to threaten me with reduced hours. This also goes against what other members and the business agent said.
Making threats, and then also getting in my face yelling at me,
Constructive Discharge 100% applies in this situation. Especially if he could not fire me.
Incorrect.
He can, and would have, fired you.
Is what everyone here is telling you is that the discharge would most likely have been overturned in a grievance hearing and you
point that out cause if so I surely missed that.
Threatening you and pressuring you with what?
A discharge if you did not resign? Not illegal.
If you feel like you were harassed into resigning, file a complaint with the EEOC, DOL and/or hire an attorney.
Good luck.
Purposely twisting my argument shows you either aren't reading what I said or you are being purposfully disingenuous to support your argument. The latter is especially slimy.
he said if I didn't we would fire me in a week and refuse to give me work until then. The shop steward agreed with him for some reason.
the labor director was demanding i give him my badge and leave and he wasnt going to schedule me and fire me for sexual harassment
The threat was hours would be made ZERO if I didnt resign. He also got in my face and told me to leave. But the threat was always he would make my hours 0. THAT is one of the most basic violations of the whole title 7 act. You cannot do that. Look it up. Now, because he only threatened it, I would have to show I talked to a shop steward about it, that's pretty easy as he was right there.
Long story short, read the thread, stop portraying my words incorrectly, look up what defines constructive discharge. If you only read the very first post and my most recent post, give back and read my other posts.
Quick recap in case reading that much is difficult for you. With a little added detail.
Event happens,
I post,
continue arguing,
he then tells me he will cut my hours to 0 if I dont resign.
I ask the shop steward directly next to him.
Shop steward supports him.
I ask for time, he freaks out, screams to give me the badge while getting in my face.
This continues for a bit while I keep telling him I'm just asking for time to think.
Shop steward calms him down.
He reaffirms that he can do whatever he wants and I have to sign or else I get no hours scheduled.
Other supes agree I should sign.
Shop steward tells me to sign and recommends I go to the union and get a different job.
Etc
Etc
Etc
I sign the paper.
