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Can I quit due to numerous intolerable conditions……

by T

(NY)

I have been at my job for 6 years, hired for one position. In the past year, we went from a staff of 10-12, down to 3. I now am doing three different positions, as he refuses to hire any help. The workload is unbearable, even after putting in numerous overtime hours, which I don’t get paid for. I am expected to work 7 days per week, 10-12 hours per day. However, when a day is missed, I am docked, even though I have 2 years worth of vacation/sick/personal days which I have not been allowed to take, even in our “slow season”.
Employer is also very verbally abusive, with racial remarks about others, as well as not be able to control his temper.
Employer has held paychecks, due to no funds available to be able to cash them, and now says my salary may be cut. When I approach these issues, I’m told that I am lucky to have a job.

Hi T,

How will you prove it? Do you have anything in writing? Have you documented or kept a detailed journal of all attempts to correct the situation? Have you filed a complaint with the
New York Dept. of Labor regarding the unpaid wages and overtime?
Do you have co-workers willing to testify on your behalf?

I’m not telling you that you don’t have good cause to quit, but I am asking how you will substantiate it. Imagine if it were enough to just allege something is true .. that’s why proof is nice to have, otherwise it’s all about “credibility”.

This page is New York’s index of decisions for voluntary separations. This is where you can learn what in your situation may be good cause and how the decision is made.

If you have questions about what you find out .. let me know.

Comments for Can I quit due to numerous intolerable conditions……

May 19, 2009 Speed of Appeal Decision

by: John


I have my appeal hearing tomorrow and am hoping for the best. If i do win the appeal, generally how soon can i expect a check?

Thanks!…. great site

I get asked this all the time .. I don’t really know the answer, but to say you should receive the decision in about a week to 10 days. I would think there is some sort of box that is checked in the “system” that will allow payment.

I think it would be real nice if someone would let me know how long it takes to get benefits after a reversal.

You can bet if it was the employer that appealed and won .. they’d stop those benefits .. like right now ..


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