• 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.

Fighting for Unemployment

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

aralis

Junior Member
Fighting for Unemployment..constructive termination?

What is the name of your state? Michigan

I quit my job at the end of August due to my store manager harassing me and a hostile work environment. I was swore at...written up for "showing no respect" and given unfair treatment and schedules to mention a few. I believe she was trying to get me to quit so she could hire her friend's boyfriend...constructive termination. I was not allowed to finish my time out. I put in my notice on a Sunday. I came in on Monday was told by the store manager I was not needed anymore and my store keys were taken and I was sent home. My letter said Friday would be my last day of work.

I filed for unemployment. They denied it saying it was not their fault I had quit. The second determination stated I was denied for not following proper channels or filing a complaint. I did talk to the store manager about her treatment. Nothing was resolved so I then went to my District Manager and told her even used the word Harassment to her. I was told to send her an email documentating the problems and etc. She never did anything to resolve the problems. She apparently told the store manager about something because the treatment and conditions got worse and she was going around prepping the associates in case the DM came in and questioned them about if she was fair or not and how she treated others.

Anyways I am going to appeal this redetermination. I think I could use that I was technically fired. I was not allowed to work the rest of the week and was told I was not needed by the store manager. Her friend's boyfriend started that day. I need some advice on winning this and any info you could help me with writing my appeal would be much appreciated.
 
Last edited:


cbg

I'm a Northern Girl
Your chances of prevailing on appeal range between slim and none. It is almost impossible to get unemployment if you quit. With VERY few exceptions, almost all of which relate to following a spouse out of commuting range, you have to have been subjected to ILLEGAL harassment before any state will even consider giving you unemployment for quitting, and nothing you have posted comes even remotely close to meeting that standard.

You were not "technically fired"; you quit and your resignation was accepted before the date you had decided you wanted to leave. That's not a firing no matter how you slice it.

Anything's possible, but I sure can't see anything close to a reasonable chance of your winning the appeal.
 

cbg

I'm a Northern Girl
When it's based on a characteristic protected under the law, such as race, religion, national origin, etc.

Treating you poorly so that you'll quit and she can give your job to her boyfriend is NOT illegal harassment. It might violate company policy, but it isn't going to get you UI under the circumstances you describe.
 

Find the Right Lawyer for Your Legal Issue!

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