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Employee Resigned Now Filing for Unemployement Insurance

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DHTGT

Junior Member
What is the name of your state? Texas (TX)

Recently had an employee turn in a resignation (without notice) stating reason for quitting was the employee was made to feel uncomfortable by bosses temper, the use of profanity around employee and making the employee feel belittled. Resignation was the first notice of issues experienced by this employee to management or other co-workers.

Received notice from the Texas Workforce Commission that this same employee is now filing a claim for unemployment insurance for reasons above.

My question is, does this employee have a potential chance to win even though “good cause” for employee reason of quitting doesn't appear applicable? Or am I misunderstanding the term “good cause”. My understanding is if employee was made to feel uncomfortable due to racial, sexual, religious, reasons etc…then this would be good cause for terminating relationship with employer, however, being made to feel uncomfortable due to temper or profanity around employee is not considered good cause.

Issue that upset employee: Employee was not able to complete a task that employee had been doing for over a year (database entry), requested assistance from office manager - manager mumbled under breath "F*, I guess if I want something done right around here I'd better just do it myself". Manager performed the task at hand, informed the employee to watch this time as it was to be the last time it was going to be explained again (overviewed to employee in question on multiple occassions). ***This is the reason that employee felt belittled with the use of profanity and temper*** is this good cause for an employee resignation?

Since this was the employers first and only notice of this employee’s feelings on the work environment, shouldn’t the employer have had the right to remedy the situation prior to employee just up and quitting and filling for UI? Or does this not matter on the employer side of UI claims with state agencies.

We had recently reprimanded employee for tardiness issues (arriving to work 20-30 minutes late and taking long lunch breaks)...should this be mentioned to the Workforce Commission when responding to the initial claim as we feel it is the TRUE reason for employee departure.

Thanks for any advise you may have.
 
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pattytx

Senior Member
Texas here also.

You're right, logic would say that since resignation is normally a disqualifying event, the employee would have to convince the adjudicator that the resignation was justified; however, they usually determine it would not be justified if the employer was not aware of the issue and given to chance to resolve it.

Having said all that, I would just respond to the original notice form with the facts as you know them. If the employee stated that he/she resigned due to a hostile work environment, you can respond that the company had no knowledge of the claim, as the employee never reported it to anyone, so you did not have a chance to resolve it. I would not mention the reason you "think" the employee quit, as it really has no bearing in this case, it is just speculation on your part. You never know what the decision will be, but you can't win if you don't try.

Good luck.
 

cbg

I'm a Northern Girl
BTW, what you describe does not come even remotely close to meeting the legal definition of a hostile work environment, which makes it even less likely that the employee would prevail if s/he attempts to use that as a reason.
 

Beth3

Senior Member
It depends entirely on the context. Now if the manager had said, "I want to f... you" that's an entirely different matter than "f..." mumbled under his breath in a moment of frustration. An instance of foul language will not constitute good cause to quit and collect UC benefits.

DHTGT, I expect it's quite unlikely this employee will be eligible for benefits. Yes, you should make mention of the disciplinary action the employee received prior to her resignation.
 

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