About 2 months ago I “voluntarily” quit my job. I had worked there for almost two years, but could not handle it any longer due to unprofessionalism and lack of respect. I filed for unemployment and received benefits. After 8 weeks of receiving benefits I just received a notice of hearing letter in the mail, they are fighting it through reason of misconduct. I “voluntarily” quit my job using a point system, after receiving a 6th point I was automatically terminated, but I never received a call from my ex-employer saying I was. 2 months before I left, I and other associates were continuously having harassment problems with a “supervisor”, she was always making up untrue stories. I had written a 2.5 page letter to HR, of which they said they read it, were looking into it, and would get back to me. The letter basically stated everything that happened and that I was seeking resolution in the matter, and that I didnt know what to do, whether to quit, switch to a different shift, or building. Needless to say, 2 months passed and I never heard anything from HR. The 6 points that i accrued were all accumulated in those 2 months. I did in fact receive warning about my absenteeism.
Going into the hearing in 2 weeks, I am going to defend my case under section 402(b) stating my absenteeism was not due to misconduct, rather than I had no other alternative other than to voluntarily quit due to personal reasons of being continuously harassed. I also will be taking in the 2.5 page letter I had given to HR that shows that I tried to maintain the employee-employer relationship.
I am 85% sure I am going to be starting a full time job before the hearing. I am not looking to receive additional benefits, I just dont want to have to pay back the benefits I have received, if I lose.
Do I have an O.K. case?
I will just take this opportunity to caution you.
Your argument stinks.
You received benefits by telling the unemployment department that you quit your job due to harassment?? Yet you admit that you were in violation of the attendance policy and had received warnings about your attendance.
Can I assume that you think you quit because no one told you that you were fired?
The details that matter are lacking here.
What was the cause of the absences in those two months?
The only attendance problem I can think of that is a voluntary quit .. is job abandonment by not calling and not showing for work.