Facing workplace discrimination is an emotionally and professionally challenging experience, but the law allows victims to seek a remedy. Unfortunately, many employees consider quitting to escape a hostile environment after filing a discrimination complaint.
Since Kentucky is an at-will employment state, you have the right to leave your job at any time. However, resigning in the midst of a claim can have legal and financial consequences. Understanding the possible risks can help you make an informed decision about whether to leave or stay.
Impact on your legal claim
Quitting your job after filing a workplace discrimination claim can weaken your case. Your employer may argue that your resignation was voluntary and unrelated to discrimination, making it harder to prove retaliation or a hostile work environment. Staying allows you to gather more evidence, such as emails, performance reviews and witness statements to strengthen your claim.
Financial and career consequences
Leaving a job before resolving a discrimination claim can lead to financial instability. You may lose access to severance pay, unemployment benefits or other compensation that could have been negotiated as part of a settlement.
Additionally, finding new employment while dealing with an ongoing legal battle can be challenging and could impact your career trajectory.
Employer retaliation risks
While retaliation is illegal, some employers attempt to discredit discrimination claims or make future job prospects difficult. For instance, they might provide negative references or challenge your unemployment benefits if you leave while a claim is ongoing.
Remaining employed while pursuing your claim can help mitigate these risks and ensure you have documented proof of any retaliatory behavior.
Before making a decision, consider consulting an employment law professional to discuss your case. They can help you explore alternatives to quitting while helping to strengthen your discrimination claim.
