Due to Unsuitable Work

[hweaver521]

What is the name of your state (only U.S. law)? PA

I have been working for a company for almost four years in Pennsylvania. I went out for medical leave for 7 weeks and returned last week. On Friday of last week I was given a memorandum (verbal warning) stating that I have been disrespectful, rolling my eyes, poking fun at staff, segregating staff, and being unprofessional as a supervisor. My question is - if this was the case - why was I not notified months ago prior to being out for leave. I have been harassed and had retaliation against me when I bring up issues with my supervisor. I had then taken those issues to her supervisor only be told that I was bordering insubordination for going over her head. However, the issues that I discussed were legal and ethical issues such as changing staff time sheets, paying men a hire salary than me when I trained those individuals how to do the job, and the list goes on and on. I have just talked to HR today and they basically put it back on me saying that I'm not willing to work for the relationship and they are supposedly working on those legal issues with her to fix those issues. I can not go back to work because I know I will face retaliation even though I've been told I won't. My husband won't let me quit because we need the money and benefits but I keep telling him my health and sanity are not worth it. What I want to know is - do I have enough to quit and be able to claim unemployment in PA "Due to Unsuitable Work" - the explaination is on the unemployment website. I'm unsure if I have enough to prove my case. I could also potentially claim unemployment for "personal reasons" or "job not the same as anticipated" I just want to know if my chances are good of being awarded unemployment or not. I don't know what other options I have at this point because I won't make it mentally long enough to go back to working in that environment. Any help/advice is great.

 

[commentator]

In a word, probably not. I went to and read that definition. Anytime you voluntarily quit a job, it is considered a personal decision, and in order to receive benefits, you must PROVE you had a GOOD work related reason to quit. There are really very few things, and they must be very extreme, that will get you approved when you have quit. Being picked on, harrassed in the manner that you describe does not, in my opinion come anywhere near that definition of a good reason.

Because hey, having to train a person who is paid more than you to do the work you are doing, or being treated as you perceive unfairly...well, let me put it this way, unless you fall into the category of a protected EEOC class, where they are treating you badly or disciminating against you for age, sex, religion, national origin, all those types of things, nothing but nothing you describe here is outside the rights of the employer to do to you.

Whether you are being treated "fairly" according to your own definition of that concept is not something they care about or legally have to care about.

If the "retaliation" of which you speak is in terms of writing you up for insubordination, when you have actually done things that could be deemed insubordinate, they certainly can do it and have a right to do it. They can actually fire you for insurbordination and have you not be able to draw unemployment either, if they have a pattern, and a progressive trail of discipline for this issue.

It does not sound as if you are not trying to preserve the relationship, (as I am sure your employer will point out to the unemployment office) you did not take all the steps possible for you to resolve the situation or save your job before quitting the job, which is what they will ask you about when you file, and you will most likely not be approved for benefits. It sounds like you are in HR griping about things, stirring up the other employees by making fun of the supervisors, complaining to them about how things are going, how unfairly you are being treated.

Your husband is giving you good advice. If you need the job and the money, suck it up and try to quit complaining, accept their decisions meekly, and see if the situation improves when YOU stop churning it up. Because if you walk, as it is right now, you are very probably not going to be approved for benefits.

Incidentally, "personal reasons" that might get you approved are the health of an immediate family member, such as a real sick child or spouse, or having to move because a spouse has been transferred. "Job not the same as anticipated" isn't going to hunt AT ALL after four years on this job.