I quit for sexual harrassment from the owner and filed a claim with EOEC

by Susan
(Walled Lake, MI)

I quit due to sexual harassment from the owner. I have filed a claim with the EEOC and it is under investigation. I also have an attorney who tried to address the issue directly with the owner and his attorney, but of course he is not admitting what he was doing. I am very confident the investigation will reveal the truth because many employees witnessed the sexual harassment and I have text message logs from him.

I accepted a new job and there was no lapse in employment. Then, a month later I was laid off and have applied for unemployment. Will the quitting of my previous job for sexual harassment stop me from getting unemployment while the investigation is going on.

Any help or advise would be greatly appreciated.

Susan


Hi Susan,

You did quit because of the harassment? I ask because I can see an employer protesting this as a quit for another job .. or "personal reasons unknown to the employer".

If you think you have enough to win a sexual harassment suit .. you have enough to get unemployment. The level or standards are based on a preponderance of the evidence or testimony and if initially denied unemployment .. ALJ's are given a lot of leeway in determining "credibility".

EEOC complaints can very often stop an employer from contesting a UI claim whether they have to worry about collateral estoppel or not.

Employers and their attorneys know that an unemployment hearing is often times used by a claimant's attorney for free discovery.

Susan, there is always a chance that they will initially deny you for benefits. If this happens just follow the appeal procedures.

And maybe even hope your ex-boss is arrogant enough to fight you on it if you have confidence in your position.

The layoff is a qualifying separation, but Michigan has to look at each separation from an employer in your base period, because each base period employer is chargeable. A voluntary quit without good cause carries a disqualification and in Michigan it is to earn 12 times your weekly benefit amount in subsequent work or work for 12 weeks .. this would purge the disqualification, which in your case you probably have not done so yet with only four weeks of subsequent employment. So you need to prevail:)

Chris