I quit for sexual harrassment from the owner and filed a claim with EOEC

by Susan

(Walled Lake, MI)

I quit due to sexual harassment from the owner. I have filed a claim with the EEOC and it is under investigation. I also have an attorney who tried to address the issue directly with the owner and his attorney, but of course he is not admitting what he was doing. I am very confident the investigation will reveal the truth because many employees witnessed the sexual harassment and I have text message logs from him.

I accepted a new job and there was no lapse in employment. Then, a month later I was laid off and have applied for unemployment. Will the quitting of my previous job for sexual harassment stop me from getting unemployment while the investigation is going on.

Any help or advise would be greatly appreciated.

Susan

Hi Susan,

You quit because of the sexual harassment?

I ask because I can see an employer protesting this as a quit for another job .. or “personal reasons unknown to the employer”.

If you think you have enough to win a sexual harassment suit .. you probably have enough to get unemployment, because of reasonable efforts made while an employee.

The level or standard to prove facts in unemployment are a preponderance of the evidence or testimony.

If initially denied unemployment .. ALJ’s are given a lot of leeway in determining “credibility”.

EEOC complaints can very often stop an employer from contesting a UI claim whether they have to worry about collateral estoppel or not, but I wouldn’t hang my hat on that.

Employers and their attorneys know that an unemployment hearing is often times used by a claimant’s attorney for free discovery when a UI hearing finding, or record is fodder for other civil litigation. At least this is my understanding of how it works.

Susan, there is always a chance that they will initially deny you for benefits. If this happens just follow the appeal procedures.

And maybe even hope your ex-boss is arrogant enough to fight you on it thinking you won’t have enough confidence in your position.

The layoff is a qualifying separation, but Michigan has to look at each separation from an employer in your base period, because each base period employer is chargeable. A voluntary quit without good cause carries a disqualification and in Michigan it is to earn 12 times your weekly benefit amount in subsequent work or work for 12 weeks .. this would purge the disqualification, which in your case you probably have not done with the new employment and only four weeks of subsequent employment. So you need to prevail:)

Chris