• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

forced to quit_unemployment benefits denied

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Whatnow2do

Junior Member
What is the name of your state?Pa.
I left my job under circumstances I felt I had no choice and I have been denied unemployment benefits. I understand you can't just quit your job and recieve unemployment benefits because you don't like your job or your boss. In my case, my boss made it impossible for me in the end to work and I believe he did this because my dept. was folding up anyway. The final straw came when I came in one morning and found my desk broken and two huge bins full of work were piled on my chair! There was no previous warning from him or anyone else that there was any problem with my performance. He stated to a coworker that morning before I came in that he was "sending me a message". Seeing my desk like that was shocking and horrifying. He was raging that morning in general, so I knew there was no approaching him and asking him why he did what he did. My immediate supervisor saw the mess and was just as horrified. I told her I couldn't take the abuse anymore and I told her I quit. She tried to get my boss to call me that afternoon, which he refused. I know this was his way of forcing me out. I needed that job and quitting it was not something I wanted to do. But when I saw my broken desk, I knew he wanted me out and would not stop until I quit. I truly feared this man's temper and did whatever I could to avoid conflict with him. Is it worth appealing to the UC board? Was my reason for quitting valid enough? I truly felt threatened and felt I had no recourse.
 


cbg

I'm a Northern Girl
I said at least twice yesterday, anyone who quits for anything less than sexual harassment or illegal discrimination needs to be prepared to have their claim for UI denied.

I'm not unsympathetic, and only you can decide if it's worth appealing. But to be honest with you, I'm not surprised you were declined, and I will be extremely - make that EXTREMELY - surprised if you are successful on appeal It is quite, quite rare that anyone who quits for anything short of illegal behavior - which your boss's was not, by a long shot - is approved for benefits.
 

Whatnow2do

Junior Member
Thanks for responding. I don't want to go through anything more with this employer if my case isn't strong enough in the eyes of the UC board. I know my job was being phased out and that is how my employer chose to deal with me. I should have held strong and forced my employer to "lay me off", instead of driving me away. Of course at the time, I wasn't thinking about any future unemployment claim. Let that be a lesson to anyone that is considering quitting a hostile enviroment. It's not "fair" on an emotional level , but it's legal. I think I need to either choose my next employer a little better or work for myself!
 
S

seniorjudge

Guest
I'd like to be in on this hearing.

I'll bet it will be the FIRST time the hearing officer has heard this story!
 

Beth3

Senior Member
Let that be a lesson to anyone that is considering quitting a hostile enviroment Hostile work environment has a very specific meaning under the law. It does not mean a merely unpleasant work environment, as is the case here.

If this were indeed a HWE, you would have been eligible for UC benefits.
 

Whatnow2do

Junior Member
My ex-employer is quite the character. I think my one co-worker counted 34 people that had come and gone in our place in 3 years and we are a small company that employs no more than 10 to 15 people at any given time. I would have been out the door sooner if I wasn't paid pretty well and enjoyed what I did.
 

cbg

I'm a Northern Girl
For the record; a hostile work environment means that you have been subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin etc.). It doesn't matter how unpleasant the atmosphere is; if there's no sexual harassment and no Title VII violations, then it's not a HWE under the law.

You have no evidence that your boss broke your desk. For all you know, the janitor broke it and when the boss talked about sending you a message, he was talking about the work only.
 

Whatnow2do

Junior Member
He did indeed admit to my immediate supervisor that he broke my desk, but that it "was no big deal". He also admitted to her that he was "getting rid of my department anyway". My supervisor is looking for another job herself because of his bad behavior. She is willing to testify if I choose to appeal the UC decision.
 

cbg

I'm a Northern Girl
And how do you propose to prove it to the UI board?

Nothing you have said changes my opinion that an appeal would almost certainly be denied.
 

Beth3

Senior Member
Agreed. The fact that the boss said he was going to get rid of the department anyway is irrelevant. It hadn't happened yet.
 

Whatnow2do

Junior Member
And how do you propose to prove it to the UI board?

My supervisor would be my witness to his statements, but I understand your point. It's why I'm getting advice before I even consider such a matter. Thanks for your imput.
 
Legal "Advice"

Remember this is legal "advice". I've only been on this forum a few short months, but the biggest thing I can take form it is: that it is simply advice. Thoughts and opinions by people who have a good understanding and knowledge of the subject, well some anyway. That does not mean "they" are always right or you should base all your decision making on what is written here.
If it is important to you, maybe you need to try, even though others tell you it can not be done. It sounds to me like you've already made up your mind. It sounds like you've put much thought into this. You know, you do not have to win to accomplish something. "You should not only stand up for yourself when you think you can win, but when they are wrong. Even losing can make a difference" (original quote, ;) ). I say if you have the time/money go for it. If not suck it up and move on, there's some good knowledge on this forum, and they seem to think you have no case. :(
 

ENASNI

Senior Member
Yo SINCITY

Beth and cbg have loads of experience in this field... the poster would do right to listen to them.

You on the other hand just gave the poster not such good advice.



Don't make others gamble.. just because you like poker... okay. :p
 

Whatnow2do

Junior Member
SINCITY89103 said:
"You should not only stand up for yourself when you think you can win, but when they are wrong. Even losing can make a difference" (original quote, ;) ). I say if you have the time/money go for it. If not suck it up and move on, there's some good knowledge on this forum....:(
Thank-you for saying that. I obviously felt pretty "wronged" when I filed for the unemployment, but I do see how the law works and why I would have a hard time fighting. I know I did my best with my job and my ex-employer is the shmuck for treating people the way he does. Regardless of the unemployment issue, I "won" by getting out. Thank-you everyone for your imput.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top