Legal Question in Business Law in Illinois

I recently started a job working at a school. I am an assistant for a special needs child. This is the first time doing this type of job. Therefore, I pay special attention to the teacher and what she is saying. I am a male. She a female. She went to the principal and accused me of basically undressing her with my eyes. I was written up and I did not do anything wrong. I have since been written up for several "supposed" errors in my teaching methods and various other "bs" allegations. I have also been warned about my attendance. I have been sick for the past week and one half with the flu. I do not want to expose anyone to the virus, but was told that my attendance is unacceptable. Honestly, I feel intimidated to even go. I feel I am being harassed, I have been defamed and wrongfully accused. What type of recourse do I have. Can I quit and receive unemployment? Should I wait for them to wrongfully dismiss me, then file an unemployment claim? I don't know what to do. The school is in Wisconsin. I started the job On October 7th. I have provided them with paperwork from a physician.

Asked on 11/02/13, 9:44 am

1 Answer from Attorneys

Chen Kasher Chen Kasher

If the school in Wisconsin, then Wisconsin law will apply to your claim and you need to re-post it in the correct forum.

As a general rule, if this was an Illinois case, you would have little recourse. She is not allowed to discriminate against you based on your gender, but you will have a hard time demonstrating it without tangible proof. What I might do is keep a log of her complaints with your responses and any third-parties that can confirm the complaints were groundless. That way, if you suffer an adverse employment action based on her complaints, you can show they were a pretext to her real motive -- discrimination against you as a male.

You would also not be entitled to unemployment if you quit.

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Answered on 11/02/13, 6:57 pm

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