Should I Quit My Job?

I get asked this question a whole lot. Here's my answer:

In this economy? What, are you nuts? That’s not really a legal question, but unless you have another job lined up, probably not.

I’m being harassed? Should I quit?

See answer above. But now we’re getting closer to a legal question.

In general, at least in most states, harassment isn’t illegal. Bullying isn’t illegal. If you’re being harassed due to race, age, sex, disability, color, national origin, religion, pregnancy, marital status, genetic information, objecting to an illegal practice of the employer, making a worker’s compensation claim, taking Family and Medical Leave, your testimony under subpoena, serving on jury duty, or some other legally-protected category, then, and only then, may the harassment be illegal.

For discrimination, you’re only protected if the employer has 15 or more employees. For Family and Medical Leave, they must have at least 50 employees. For other categories, check your state law to see whether you qualify. So you need to be sure the law protects you. Think you’re protected?

Still, you should not quit.

What you should do is report the harassment to human resources or whoever is named in the company’s harassment policy. I recommend you report it in writing so they can’t deny that you did it. You have to give them time to investigate and take action to stop it.

If they don’t stop it, or if they fire you for reporting it, then contact an employment attorney to discuss your remedies.

The truth is, only under the most extreme circumstances will the courts find that you were "constructively discharged," that is, that your quitting was because no reasonable employee would tolerate the circumstances. Should the law change? Probably. So talk to your legislators and congressional representatives.

In the meantime, the law hates quitters.