Unemployment

[Lucy2020]

What is the name of your state (only U.S. law)? Virginia
Hi I just left my job because of the verbal abuse. It stared 2 months ago when the bank told my boss they were making him go bankrupt.
He has been yelling, and talking mean to me ever since. This morning he accused me of getting into his e-mail and accepting an invitation from a vender that he owes money too. Then he slammed my Payroll paper down while I was at the copy machine. My question is since I walked out, am I eligible for Unemployment?

Thank you,

 

[eerelations]

In the case of a quit, UI benefits are likely payable if the claimant left because of discrimination and/or harassment that was directly and specifically because of things like the claimant's race, religion, disability, age (if the claimant is over 40) and/or gender, and if the claimant filed a formal complaint with HR or management before leaving, and HR or management did nothing in response to said complaint.

Was your manager's verbal abuse directed at things like your race, religion, disability, age (if you're over 40) and/or gender? Did you report this to HR or management? If you did report it, did HR or management do anything about it?

If your answer to any of the above questions - but most especially the first question - is "no" then your chances of being approved for UI benefits are very slim (in fact, probably nil).

 

[adjusterjack]

Probably not.

But apply anyway.

 

[commentator]

Assuming you were at work when you walked out, and that you'd have preferred to keep your job and that you would, if you leave, like to be able to draw unemployment benefits, and that it has just happened, like this morning, this is what I would do.

I would immediately this afternoon, before quitting time call whoever is over your boss's head. You know, the ones who made him take bankruptcy. I would tell them just what had happened, and explain that you left because he made you feel threatened and uncomfortable. DO NOT indicate that you've quit your job.

Do tell them, in a non dramatic professional way, what has happened during the last few weeks, what has been going on. Ask them what you should do. Tell them that your supervisor's behavior has become totally unacceptable. Come down on the I felt "physically threatened" issue.

It might be that they ask you to wait and they go and deal with this person. It might be that they could transfer you to another supervisor. It might be they'd like to keep you, like to resolve the situation. If they tell you, "Well, I guess you've just quit the job!" then you will have to take it from there, but do give them the chance to keep you if you want to stay.

If you just walk out, don't go back, and file for unemployment insurance, which you definitely should do, your chances of getting approved to draw benefits under the situation you have just described are pretty slim. When a person quits a job, it is possible to draw unemployment insurance. It is just a little more difficult. Because of one thing. You have not, as far as I know based on what you have told us here, attempted in any way to solve the problem before you chose the alternative of walking out.

It is possible to draw unemployment benefits if you quit your job for a valid job related reason. Your employer making a threatening physical gesture toward you or attacking you in some way may be good enough for them without your having tried to resolve the problem before leaving. But I'd definitely get it established with the upper management that they're not willing to help by fixing the problem.

It costs nothing to file an unemployment insurance claim. It will, even if you are approved, take quite a while to get the decisions made and begin getting paid, but file immediately as soon as you are officially out of work. You cannot be paid for any weeks before you file the claim, and you need to get started on it if quit it is.

I'm suspecting they're having problems with this manager anyway. That he behaved so improperly and threateningly toward you may be the straw that breaks the camels back and they might go in and terminate him.

Have you asked him to stop speaking so harshly to you? Have you tried to talk to anyone else in the organization about what has been going on? If so, make sure you mention that when and if you file a claim for unemployment benefits. But really, if I were you, I'd report the incident and ask the higher ups if they are going to correct it, if they would like to work with you further on this situation.

 

[PayrollHRGuy]

I can't parse this sentence "It stared 2 months ago when the bank told my boss they were making him go bankrupt."

Banks to call and tell an individual or company they are making them go bankrupt. Banks may call and someone and tell them they are going to sue them for money owed or something else that might force an individual or company need to file for bankruptcy.

commentator.... Why would she call the bank? She didn't mention working for the bank.

 

[Lucy2020]

I am sorry, I was not clear. I work for a company that has one boss, there is no one else I can go to. The other workers have seen the abuse, but will not back me up. He owes the bank 1.4 Mil and others over 100K. He sold some equipment and kept the money. I am the accounting clerk. The money will not match the inventory. When he slammed my paper on the copy machine, I was standing right there, and it scared me. The other people there are looking for jobs also. I just could not take the blaming for him not paying his bills. If I tried to show him anything important he would tell me I was interrupting. If the other girl gave him the paper, I was yelled at for him not knowing what is going on. Today was the last straw. I have the banks number and can call and tell them he is embezzling money if he stops my unemployment. Should I get a Lawyer?

 

[eerelations]

I am sorry, I was not clear. I work for a company that has one boss, there is no one else I can go to. The other workers have seen the abuse, but will not back me up. He owes the bank 1.4 Mil and others over 100K. He sold some equipment and kept the money. I am the accounting clerk. The money will not match the inventory. When he slammed my paper on the copy machine, I was standing right there, and it scared me. The other people there are looking for jobs also. I just could not take the blaming for him not paying his bills. If I tried to show him anything important he would tell me I was interrupting. If the other girl gave him the paper, I was yelled at for him not knowing what is going on. Today was the last straw. I have the banks number and can call and tell them he is embezzling money if he stops my unemployment. Should I get a Lawyer?

First, your former employer cannot determine whether or not you get UI benefits. That's completely up to the UI people.

Second, getting a lawyer would be a complete waste of money. Lawyers cannot sway the decisions of UI people.

Third, unless this "verbal abuse" that you experienced is directly due to things like your race, your gender, your religion, your age (only if you're over 40), and/or your disability, the UI people are going to have a hard time allowing your claim.

Certainly you should apply for UI benefits, just have pretty low expectations of receiving them.

 

[PayrollHRGuy]

There is generally a question on the claimant's statement form that is used for a quit that asks a question like, 'What action did you take to correct the situation before you quit?' I know it is on the employer quit form.

If you have to answer that form with "none" then I can almost guarantee that you will be disqualified by the UI agency.

An answer like "I spoke with my employer on several occasion about his actions and he was not responsive." Along with a description of his actions might help. BTW...Slamming something down on the copier that scared you ain't gonna get it.

A lawyer would be of no use until you get to the appeal phase and even then I've seen lawyers screw up more appeals than they have helped. The system isn't designed to operate with them and they often just get the hearing officer teed off. At best they are just often ignored.



I just reread your second post. You likely will need a lawyer if you start calling banks and saying your employer is embezzling. But he will need to be a lawyer well versed in defamation defense cases.

For your employer to have any effect on your UI claim he would have to lie on the form.

 

[Lucy2020]

Thank you everyone for the advice, I will put in for unemployment tomorrow.

 

[commentator]

Okay, I have more info now, I made some assumptions, but now have more info. You have quit a job with a small employer. Hopefully, he has been paying in to the unemployment tax system, and you are a covered employee of this business. It may turn out that he's not. But that will not totally destroy your whole chance for U.I. If he was supposed to be paying in unemployment taxes and hasn't, that's another kettle of fish for them to fry.

Go on and file your claim. How the unemployment looks at your "voluntarily quit" has nothing to do with EEOC, the thing that would be affected by this is whether you had a "wrongful termination" in terms of it violating an EEOC related reason for termination, in other words were you being treated poorly due to race, religion or national origin. The unemployment system has no connection with EEOC, and doesn't care whether or not you quit your job or were being harassed for an EEOC related reason.

What they'll be interested in (IF you qualify monetarily for unemployment insurance, which means that your employer has been paying in his quarterly state unemployment taxes and you have covered wages during the last five quarters or so to set up a claim) is the reason you left the job. And it doesn't have to be EEOC related, what they are interested in in whether or not you have a valid work related reason to quit, and you have exhausted all reasonable alternatives to quitting before you quit.

From the sound of this, your employer may have been trying to be atrocious enough to force you to quit your job. If you truly had no choice but to quit, the situation was such that no reasonable person would've thought you should stay on the job, you'll have a pretty good chance with unemployment.

Sorry I miscalled it, I honestly interpreted it as you having worked for a bank, and your manager going to have to take bankruptcy. But since he's a small employer, forget all that. Okay, assume that this employer will lie on the forms for UI. That's a given. They will. But the agency understands that what you say and what he says may be different, and that the truth is somewhere in there, and they are supposed to go with the "more believable" of the two parties.

In other words, they'll ask you questions, and they'll ask the employer questions, and they'll decide whether you are out of work through no fault of your own or not, and then there will be an appeals process with either you or the employer able to appeal the decision to grant or not grant benefits. As I said before, it will take a while.

Going to the bank and accusing your employer of embezzling will have little or NO effect on your unemployment claim. It's not a valid threat. If you think you should do this, for honesty's sake, or just to screw with him, you can do it, but it won't have anything to do with unemployment unless you threaten him and say, "If you don't say I am laid off due to lack of work (which would give you an approved claim) I'll go to the bank and tell on you." That's blackmail. You do not need to do that. And I agree wholeheartedly with what others have said, you don't need an attorney. You just need to tell the unemployment system what you have done, and why and why you've quit the job. And then let them decide whether or not your claim is approved.

Unemployment insurance is a smaller wage than you can make working, it is very temporary, and it is something for you to have while looking for another job. It's not a life choice, as it ends, very completely after about 26 weeks, regardless of whether or not you are working again. So it's not worth the risk of possibly criminal behavior to get unemployment approved,ever.