Statistical Data in support of Unemployement Appeal? Please Read!

[huntheath]

What is the name of your state? Oregon

A female co-worker of mine, whom I was in a personal relationship with outside of work, made allegations of sexual harrassment against me w/in the workplace. Our relationship did carry over to the workplace. What followed was an investigation where other co-workers and friends gave testimony about both my and her, behavior.

The investigation and the testimony were embarrassing. I personally felt that my friendship and relationship with this persion had been betrayed because all she need say at any time was "stop". My union representation didn't inspire any hope in my case, but instead mentioned that he could negotiate a severance package on my behalf when the time came.

Given my embarrassment, my feelings of confusion and betrayal and impending fear of being terminated under allegations of sexual harrassment; I resigned (quit) from my position.

Since my alleged actions violated documented company policy which I was aware of, my request for unemployment insurance was denied under the reasoning that, "resignation to avoid the consequences of what would otherwise be a possible discharge for misconduct is not a reason of such gravity that the claimant had no reasonable alternative but to leave work."

The woman who brought allegations against me later quit under an investigation of her own. One I believe prompted by her possible false allegations against me, as she was a consentual and equal participant in the "sexual harrassment" within the workplace.

I have since appealed the matter, and have to show good cause for my resignation to win my appeal.

My question is; What possible evidence can I provide showing good cause for my resignation? It's my belief that my professional future was best served by quiting as opposed to being fired because of allegations of sexual harassment, but I have no factual data to support my belief. Is anyone aware of statistical data that shows that employers are more likely to hire a candidate that quit their previous position as opposed to one who was fired for sexual harrassment? Or any other angles which I might pursue assisting in my appeal?

Many Thanks in advance for your advice and help.

 

[Beth3]

It's my belief that my professional future was best served by quiting as opposed to being fired because of allegations of sexual harassment, but I have no factual data to support my belief. Even if that's the case, that has no bearing on whether you are eligible for UC benefits.

Is anyone aware of statistical data that shows that employers are more likely to hire a candidate that quit their previous position as opposed to one who was fired for sexual harrassment? No, because employers do not compile such data.

Or any other angles which I might pursue assisting in my appeal? No.

The only issue in question is whether you resigned for a reason that would allow the payment of UC benefits under your State's UC regulations. Even if you could prove that the allegations were false, the fact that you quit is the determining factor. You voluntarily resigned your employment and not for a reason that would allow benefits. You are free to appeal and file for a hearing but I simply don't see any circumstances in which benefits will be granted.

 

[Beth3]

P.S. I think the issue you are confused about is that having a good reason to quit (or so you believe) is not the same as having "good cause" to quit. The latter is very clearly defined in each State's UC regulations.