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Good cause for unemployment in a state without a right to work law.

by barb
(lebanon nh)

i am employed in the state of new hampshire, where there is no right to work law and even more high risk to quit a job for any reason.

Since i have been employed by this company it has been a nightmare. It has to do with my co worker who has seniority over me, she has out & out lied to my managers, stolen credit from me for jobs etc,. We have had several managers up here to work out the situation and still she prevails, i have been here 4 years, i like the job and do well, yet she has made the workplace a hostile work situation, do i have any rights since i am at my wits end.

Hi Barb,

I think we as employees need to make a distinction between what a "right to work law is about" and what "At will employment means". A right to work law does not have much to do with harassment from a co worker.

A right to work law is one of three ways to create and exception to the "at will employment doctrine".

At will employment, which is recognized by the United States and one of only a very small handful of industrialized nations that still do .. is the guiding light for the minimal federal employment laws. An individual state can either adhere to the federal laws ..
or they can afford more protection by creating their own laws .. which may be a "public policy exception" to at will employment. This is at least my perception as a non-attorney.

Your issue is one of wanting to quit work .. with good cause .. because a co-worker is creating grief for you and although the employer has made attempts to "correct the problem", you are here asking if you have good cause to quit.

I suggest that you talk to a lawyer.

There is one central reason that makes me harp incessantly about documenting while employed.

Whether you want to sue an employer for wrongful termination, quit due to harassment, or just get unemployment benefits ..

A savvy employee that documents well is positioned to PROVE vs. going forward with their fingers crossed that a he said/she said scenario will be enough to work out for them.

Harassment, hostile work environment is a rife place for that scenario.

So Barb, what I'm saying is .. I have no idea if what you've done so far is enough to prove good cause to quit and get unemployment benefits.

A lawyer may be able to hear your situation, see what you've got and either tell you .. or make suggestions about what it is you should do. An attorney might even be able to write a letter to the employer that forces the employer to make a decision about this other person.

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