Search This Site.

Ignore Your Employee Rights While You're Still Employed and You Can Reduce, or Eliminate Your Ability to Prove, or Rebut UI's Burden of Proof

As an employee, it can be easy to forget in that moment we begin to think we may be fired, or we overreact to quit a job on impulse, that it's federal labor laws that provide us with our minimal protections of employee rights.   

If I'm personally passionate about anything connected to unemployment benefits, it's promoting the idea we have a responsibility to ourselves and one another to exercise our rights in the workplace.

Besides exercising can be argued to be one of our exhaustive efforts to preserve our employment, or to protect ourselves from an employer out to get us by constructing the circumstances to terminate, or get us to quit without the ability to prove fault attributable to the employer.

Understanding I believe it is exercising our right to not just complain, but to document our efforts in any form that helps us prove, or rebut fault, after a job has ended, despite the fact, the United States still adheres to a doctrine called employment at will.

Unemployment insurance benefits to me, are often relevant to how public policy exceptions work state by state and under the guise of a questionable and often unfair doctrine that ignores the inherent imbalance of power when an employment relationship ends, so the question becomes ..

Why would you not make use of the power in our workplace rights, to give yourself and edge when it comes to the burden you either need to prove, or rebut to collect unemployment benefits.

Not ironically, some legal scholars have said the At-Will Employment Doctrine was based on legal fictions, at least way back in 1877 when it ended up being used by a pro-employer judiciary. 

Not funny to me because my experience coordinating unemployment hearings, often had me explaining a hearing decision by labeling a state as being generally pro-employer, or a lot less often, pro-claimant.

 

And Example of Employee Rights Not Connected to Good Cause to Quit

Further, an individual is generally expected to pursue all other available options before deciding to quit employment. For example, in Peters v. Administrator (Jan. 18, 1994), Franklin CP No. 92 CVD-11-9221, unreported, the claimant quit employment because he was not paid overtime wages owed and because of an unsafe working condition.

The court held that claimant quit without just cause because the claimant had not complained strongly about the unpaid overtime, had not complained to OSHA about the unsafe working condition, and therefore, had not pursued other available options before deciding to quit.

Source:  Ohio Unemployment Law Abstract

Of course there's other employment laws other than the FLSA (Fair Labor Standards Act) which explains things such as overtime pay, or what the difference is between an exempt and non-exempt employee, or OSHA (Occupational Safety and Health Administration). 

But here's the thing .. whatever the name of the federal agency administering one, or more of our employee rights, allows us to exercise our right to file an official complaint, if that is what you need to do .. to resolve a problem, or conflict at work associated with a federal labor law .. your employer won't resolve to remain compliant with a law.

Talking About Work

To discuss unemployment insurance benefits objectively, one can't avoid talking about the experience of work and what happened there that led to just one individual's separation at a time.

The fact is, it's people who choose to quit a job and fire an employee for what may of seemed like good cause at the time, but afterwards, can't prove to a standard of law they met the burden of having good cause.

These posts are related to how at-will employment works before unemployment benefits become the issue.

More Employee Workplace Stories

Find Questions and Stories From Other Employees

Panic Attack and Panic Disorder triggered at the workplace 
I was at work and suffered a full on panic attack in the middle of a large staff meeting in which I was scheduled to speak to the group. My turn to speak …

Tried to Collect Benefits While Out For Surgery on My Foot 
I had been suffering from a foot condition for over 2 years. I finally got health insurance and went about the process of getting my foot looked at …

Colorado: Boss just gave me a week suspension will I get UI? 
Ok so I have worked for this company for 6 months I recently had my appendix removed, and had to miss 3 days of work. Unable to call in, I came back …

I Was Fired by Text While on a Plane to See My Dying Great Aunt 
I worked for this company for almost 3 years and have missed in the three years 4 days. I often would stay late after everyone....ect...very dedicated …

I have been scheduled for a phone interview!!  
I was recently let go from a job I held for the past 6 years. I wasn't surprised and had expected this because business had been extremely slow for the …

Mom Died - Still to hard to return to work 
First thank you for this helpful site. I will try to keep my question brief. I have been on Intermittent FMLA to care for my Mom who was placed on Hospice. …

Help Me Get Out of Here 
Hi, I have been working here for 12 years now. I started in the warehouse pulling orders. About 20 people worked here then, now it is just me, doing all …

I Was Bullied Into Leaving My Job 
I was employed for 7 yrs by this company. They started to notice every little thing and what they couldn't, they just made up. They have accused …

My boss won't schedule me or fire me  
I've only work at my job for about a month or so but my first two weeks I worked anywhere from 3 1/2 hours to 7 hours with no days off or any breaks then …

Fired for customer complaints and because "things just aren't clicking" 
So,the new management company made manager A, manager of both hotels. I feared this because of our initial personality conflict issues, but I gave him …

Completly frustrated! Twenty Thousand Dollar Overpayment Because My Employer Reported I Earned More 
I lost my job 2 years ago and quickly started receiving unemployment benefits. I worked no more than 20 hours per week during this time as a waitress. …

SCHOOL OR NOT? 
I recently applied to Nursing School, I work full time at a small office in NJ (2 employees including me). I gave my boss a letter asking to change my …

If I was laid off and qualified for 22 weeks of benefits but then took a 6 month consulting job as an IC  
If I was laid off and qualified for 22 weeks of benefits but then took a 6 month consulting job as an IC can I go back and collect unemployment when the …

I am a woman falsely accused of sexual harassment 
Falsely accused of sexual harassment. I am a 25yr old female who works for the FL state government. I was recently having problems with a coworker …

Will I be denied unemployment if I am fired while on 90 day probation? 
I was laid off of a job I had for 30 years (facility closed). I started a new job 7 months ago. Two months after starting the job (within the 3 month probation …

Left temp job for staff job, laid off after 4 months applied for UC, old temp job company sent me email to check in for work... Not rated yet
So do I have to reregister with this firm in order to collect UC? Before they offered me an assignment that was not a fit, and I am afraid they will do …

I was Perceived to Have a Disability Not rated yet
If I was perceived to have first stage Alzheimer or dementia and it was told to other employees in an office with the door open is there anything I can …

I Have a Disability My Employer Refuses to Accommodate  Not rated yet
My employer knows I'm disabled and wanted a note from my doctor stating what my work restrictions are. I gave her two notes from two different doctors …

What Employer Should I Put When Applying for Unemployment if I Worked for a Temp Staffing Agency? Not rated yet
I am trying to put in work history. Now i'm a little confused. I worked for a temp agency (Volt). But they assigned me to work at "3M." So do i put volt …

Over Four Million At-Will Employees Should Take Note of When Updated Overtime Rules Take Affect Not rated yet
Hey, I get all those underlying reasons why non-exempt employees often choose to work overtime for free, without getting paid time and half as mandated …

Being Sexual Harassed by Co-Workers at Work and Away Not rated yet
Sexual harassment is one example of illegal workplace discrimination that any thinking rational person should never tolerate in silence. If you can …

Being fired for a no call / no show Not rated yet
I was notified by unemployment that my job said that I was fired for nc/ns. But I was never notified of the day or the time to show up for work. I had …

I constructively discharged my employment due to discrimination Not rated yet
I constructively discharged my employment due to discrimination. I filed for unemployment and am now scheduled for a phone interview next week. …

I'm a carpenter's assistant. The carpenter, my boss is leaving for a month long vacation. Do i apply for unemployment in the meantime? Not rated yet
I'm a carpenter's assistant full time, 40 hours per week. My boss is taking his family to Europe for a full month. I can't afford to not work for a month. …

Click here to write your own.

When an Employee Exercises The Right to a Protected FMLA Leave, They Sometimes Become a PITA to An Employer  Not rated yet
But, what person is your employer? When I use the word employer for purposes of unemployment benefits, I nearly always mean the person with authority …

Terminated for lack of engagement Not rated yet
I was hired for a medical billing position working PART-TIME in a dental office to implement medical billing for dental procedures. Shortly after being …

Can my employer take a note I wrote from being frustrated as use it as a resignation? Not rated yet
I just want to know. I work for a nursing facility and have been with them 8 yrs. My position is as a restorative aid which is in the class of rehab. …

Temp job is awful !!!!  Not rated yet
I was recently let go from a job I worked for 6 years. I took a temp job from an agency that I absolutely hate the job! I want to leave the temp job …

Does pulling unemployment from a full-time job affect your part-time job? Not rated yet
I drive a school bus full time, so every summer I pull unemployment benefits when I'm not driving. I picked up a part-time job, privately owned, no …

I can no longer do the physical part of my job. Not rated yet
I work in a non profit and there is a lot of physical work to be done I am on lite duty but am still in a lot of pain from doing the light duty work such …

United Airlines Found in Violation of the Americans with Disability Act Not rated yet
When an employer is found to of been non-compliant with any employment law, the settlement paid should serve to keep other employers from making the same …

Can I Quit My Job to Care for Elderly Mom Across the Country? Not rated yet
I've been with the company for 6 years. But today, I found out my mom fell and knocked herself out... She lives alone and and has early stage dementia. …

How a Sexually Harassed Elf Managed to Take Down Santa and Possibly His Employer Not rated yet
When questions about quitting a job have to do with an employee feeling they are being, or have been sexually harassed at work, they usually end with the …

Can a Pregnancy Be a Cause for Workplace Discrimination? Not rated yet
Discrimination is often cited as the reason someone chose to quit their job, but proving it as good cause to quit, or the real reason you were fired, is …

Working For a Bully Who Doesn't Bully You? Not rated yet
What do you think? Is there a difference between working for a bully and being bullied by a boss? For me, the difference was clear and at times became …

Misclassifying Non-Exempt Employees as Exempt and Independent Contractors Not rated yet
Misclassifying employees as independent contractors and exempt employees is a non-compliance issue of importance as far as the United States Department …

I am thinking about quitting my job in washington state, I need to know if I would get unemployment Not rated yet
I am a manager. I have been working no less than 16 hours a day for the last year and a half. I have worked many 6 and 7 day weeks. Surpassing 100 hours …

Click here to write your own.

Home

} }