UNEMPLOYMENT APPEAL CAN I WIN?

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Latest post Fri, Mar 9 2012 3:31 PM by Trinigal. 8 replies.
  • Thu, Mar 8 2012 11:24 AM

    • Trinigal
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    UNEMPLOYMENT APPEAL CAN I WIN?

    Hi, I quit my job back in December of last year, the manager created such hostility it was awful. Her demeaner and attitude was always unapproachable. If she told you to do something and you did it then she would ALWAYS say it was done wrong. I sent her an instant message regarding and an issue so she responded and I said ok will do she IM me back and said its a waste of time for complimentaries because she is up to her eyeball in work. That I was disturbing her, she wrote me up because a font was too small on a folder. I went to her and asked her what I can do to make things better she said NOTHING. I went to HR and did said I was stressing her out they were friends outside of work thou. She has the highest turn over in the whole entire office, even the GM was afraid of her she used intimidation on everyone she wanted to be in control of every situation. If she doesnt like you she made life miserable for you. I hated going to work I couldnt eat or sleep and thought i was about to have a nervous breakdown. If I had stayed on I really dont know how I would of handled it, the HR Manager acknowledged that the manager was EVIL to me but no corrective measures were ever taken. So I applied for unemployment and was granted benefits now the employer is appealing my case. I provided documents from past employees and emails where the manager referred to an employee as MJ (Mary Jane) because he openly admitted he was a homosexual. Any advice on how to handle the appeal, the company stated that I left them in a bind when I quit.

  • Thu, Mar 8 2012 2:33 PM In reply to

    • Drew
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    Re: UNEMPLOYMENT APPEAL CAN I WIN?

    Leaving the firm in a bind has nothing to do with the criteria to collect  UC.

    it would appear that you quit due to a hostile working environment--look the term up and see how it fits as your your state UC laws and cases.

    In short the burden is on you to prove the environment has so hostile, intimidating, etc that  you were driven from the workplace.  This is far beyond just a boss that is a royal pain.  I see your poiint--but you need to make it in terms of teh hostile workplace  environment.   Picking on other people isn't necessarily critical--but it does add credible flaow to the story. And if her group has way above average turnover and you can prove it that too adds to story.  Picking on you specifically for unreasonable stuff that sure helps.   But not being able to put up with a pain in the A** boss become your problem so don't take it  too far......the focus is on workplace envirnoment--not any of your personal weaknesses ---



  • Thu, Mar 8 2012 2:43 PM In reply to

    Re: UNEMPLOYMENT APPEAL CAN I WIN?

    It's best not to toss around "hostile work environment" given how that's defined in a legal sense. 

    I'm afraid you are simply describing lots of bosses, and the state unemployment folks -- esp. Florida -- won't be inclined to approve a benefits claim on the basis of someone who was snarly and nitpicky.

    "I provided ... emails where the manager referred to an employee as MJ (Mary Jane) because he openly admitted he was a homosexual."

    I'm not sure how on Earth you'd expect the state unemployment folks to care about this as it relates to you (never mind, unfortunately, there's no law against being nasty to someone about their sexual orientation under Florida law).

    "Any advice on how to handle the appeal, the company stated that I left them in a bind when I quit."

    As Drew pointed out, you leaving them in a bind is not a basis to challenge unemployment.  You QUITTING is a basis to challenge unemployment benefits being awarded to you.

  • Thu, Mar 8 2012 2:59 PM In reply to

    • Beth3
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    Re: UNEMPLOYMENT APPEAL CAN I WIN?

    So I applied for unemployment and was granted benefits now the employer is appealing my case.

    I'm not surprised - they have good grounds to contest your eligibility for work.  While the boss being a world class jerk is a good reason to quit, under UC statutes it's not "good cause" to quit and be eligible for unemployment benefits.  You have nothing to lose by pursuing the process - the next step will be for the State to schedule a hearing and all you can and should do in that venue is describe the boss's behavior and why you resigned.  In all candor, expect the State to reverse their prior decision.

  • Thu, Mar 8 2012 3:02 PM In reply to

    • Beth3
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    Re: UNEMPLOYMENT APPEAL CAN I WIN?

    it would appear that you quit due to a hostile working environment--

    Drew:  Hostile work environment only applies when there is a pervasive atmosphere of prohibited discrimination due to gender, race, religion, national origin, etc.  It has nothing to do with the boss being a bully and a complete jerk.  You're sending the OP on a legal goose chase.

  • Thu, Mar 8 2012 3:07 PM In reply to

    • Drew
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    Re: UNEMPLOYMENT APPEAL CAN I WIN?

    Well you owe it to yourself to try --and some of this stuff gets awfully fuzzy--for example in one state a wonam got UC because she was afraid to walk thru an unlit parking area  and quit because it was dangerous --that siad--you bear burden to prove the workplace was truly a bad news place for you--preferabably witha hook to something illegal or improper --just a pain boss is not bad enought--everyone might have one of those. --FL allows for  "hostile work environment-" but expect that you get put to the test to prove it!

    From one guide

    " However, under certain circumstances, a hostile work environment might mean that you were constructively discharged, and if so, you may be eligible for unemployment insurance. These circumstances include:

    • Criminal activity which you tried to bring to your employer’s attention,
    •  Health or safety issues which you tried to bring to your employer’s attention,
    • The hostile work environment was due to illegal discrimination or harassment, such as due to your race, sex, religion, age over 40, or a disability, or;
    • The hostile work environment was the result of retaliation for bringing criminal behavior, health or safety issues, or discrimination to the attention of either your employer or relevant governmental authorities.

    In the above cases, it is possible (especially if your health or safety was on the line) that your leaving “voluntarily” would be considered to be excused and you’d be eligible for unemployment insurance."



  • Fri, Mar 9 2012 2:34 PM In reply to

    • Trinigal
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    Re: UNEMPLOYMENT APPEAL CAN I WIN?

    Well today was my appeal hearing and the appeal referee called to inform me that my ex employer wasnt reading because there main witness wasnt present there today. So they will have to reschedule one more time for the hearing. So frustrated because I wanted this to be over now I have to wait and it was so nerve wracking today now I am forced to go thru this one more time. Maybe the employer is stalling?

  • Fri, Mar 9 2012 3:15 PM In reply to

    • vakyin
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    Re: UNEMPLOYMENT APPEAL CAN I WIN?

    Less stalling and more of making you frustrated and possibly forcing you to do something stupid.

  • Fri, Mar 9 2012 3:31 PM In reply to

    • Trinigal
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    • FL
    • Posts 3

    Re: UNEMPLOYMENT APPEAL CAN I WIN?

    You are probably correct! Thanks for the feedback.

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