Need to know my rights if I quit- NYC

by Jade
(NY, NY)

Hello, I am a receptionist for an accounting firm in NYC. I am currently pregnant and feel I am starting to be harrassed by the office manager. Since I have been pregnant things have gotten progressively worse. I have not had the energy to keep up the way I normally would be able to. I will admit that I have been late to work on more than one occasion either because of horrible morning sickness in the beginning to now being 35 weeks along and not being able to walk as fast in the subway on the way to work. I am usually 5 to 10 minutes late.

When I was hired I was told that I get 2 15 min. breaks and an hour for lunch. When I am late I do not take my breaks to make up the time. The office manager does not like this and thinks that I should shave the make up time off of my lunch hour. I believe I should be able to make up the time as I see fit, especially right now. The other problem is, is that I was called into her office a couple of weeks ago to be told that I cannot leave the desk without coverage even if it is just for about 10 seconds to get a drink of water in a kitchen that is 20 feet away from the phone that I can clearly hear ringing and can come back to answer it quickly. I feel this is very humiliating and degrading that I cannot get a drink of water, or a spoon to eat something at my desk on my own.

Then today at work the person who was supposed to cover me for lunch got called into a meeting (that I was unaware of) by the office manager right around my lunch time. I had to page her twice to get any response as to where she was. The office manager answered(she did not)and said she would be right out. Apparently right out meant 1/2 hour later. By then it was 45 minutes after I normally take my lunch. I was very hungry and upset and left without a word to anyone. I was too upset to eat anything by that point and called from outside and said that I didn't feel well and went home.

I really am not sure what to do here. If I quit I may not get either disabilty from maternity leave or unemployment, but I do know that I am at my boiling point. What compensation would I be able to get if any?



Hi Jade,

First, I need to tell you I didn't see anything in your story that gives me a feeling of confidence for you ..

Have you been written up for being late? Is it written somewhere you must go to lunch at the same time everyday? I don't know what NY's labor laws say about required break periods and lunch periods, but you should check that out before you make a rash decision to quit your job because the employer may have a valid point as to when you should be making up your time.

You realize they could make a case for a discharge with good cause over the lateness issue alone?

Jade, you're 35 weeks .. you're just about ready to deliver. My opinion, is that you should suck it up for the duration. You are in a state that actually requires employers to carry insurance for you to receive short term disability. Don't screw that up .. not to mention the health insurance.

Have your baby, enjoy the time you'll be allowed with your infant, go back to work, be on time again, and then .. if things don't change .. you will then be in a better position to consider "the unemployment route" because going forward from here you will document all incidents and always attempt preservation of the job by addressing all valid issues you have per the procedures outlined in the employee handbook.

You will also have this information What NY considers good cause for quitting and what they do not think is good cause.

I might have given you a different opinion and please understand that's all I really give .. in other words I don't give legal advice, but I can hear the emotion and I am of the opinion that if a person wants to quit their job AND collect unemployment they need to approach from an objective point of view with knowledge of how their state decides things. I know it's hard to do.

There is this standard that most states use to determine .. they ask the question .. "would a REASONABLE person, do the same thing under the circumstances YOU were experiencing?

Chris