I quit my job due to discrimination and harassment can I still get unemployment benefits

by Darcie
(Battle Creek MI USA)

I am due to go to court on Wednesday, to appeal my case.


To put it as short of a story as I can, I only worked in this job for 5 1/2 months.

During this time I bid on another job under the same manager, went to the manager and asked for her support, she replied I have already hired for that position two months ago. I then asked her why was it just posted. (all jobs are to be offered internally before externally) She replied "For legalities".

Next issue is that on my 2nd or 3rd day there I asked to meet with her and it ended up in a conversation involving cuss words by her to me in front of other co-workers.

I also got to hear the story of her moving home to her parents and her walking up from the basement to find her dad naked stoking a fire and her mother was under the kitchen table naked. I find this to fit under harassment. WHY would you share that story with your co-workers, especially if your the Manager.

Everyday you'd go into work wondering who was going to be her target of the day. I was the target a few times, but she left nobody out, everybody got a turn!!! She had such I bad day one that she literally took it out on me. She yelled and screamed and yes this was done in front of all the staff. I'm talking, in my face, yelling and screaming. She didn't hold back. She even did it to the Doctors.

Needless to say, I thought
I was doing the right thing by at least giving a two week notice. I did resign my position.

I know this is probably hard to believe, but it is the truth. One more thing, I did follow the chain of command, I did call Human Resources. They were well aware of her actions, but nothing was ever done about it. Her boss was also contacted, but nothing done about it.

No employee should have to work in a Hostile work place. Should I be entitled to unemployment benefits.


Hi Darcie,

Believe it or not, I have absolutely no trouble whatsoever believing you. Your experience is the experience of many.

Now, what exactly was the straw that broke the camel's back for you. Was it the fact that you did not get the job you applied for or was it the fact that despite all your efforts by following the chain of command the the harassment continued?

Do you remember the names of the people you spoke to? Do you have any "WRITTEN" documentation?

Do you have anyone that can testify on your behalf that witnessed one of these "unreasonable outburst"?

Choose your issue. Focus on the fact that you tried to preserve the job. Be calm and factual.

Did you know that Michigan has an Advocacy Program Check it out.

Good Luck Darcie, let us know how it goes. It'll be important to know the outcome for the next one of us in the same situation.

Chris

PS You didn't tell us how the employer protested...something like, The claimant voluntarily quit due to dissatisfaction with the job, continuing work was available??

Comments for I quit my job due to discrimination and harassment can I still get unemployment benefits

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Nov 09, 2008
reply to Chris
by: Darcie

Hi Chris,
My determination states it was found that I quit without good cause attributable to the employer.
My re-determination states the same, but my Notice of Hearing states the same but they added misconduct may apply. I'm not sure what that is all about.

I did get a advocate put into place for the hearing and I made a list of reasons I decided to quit. Hostile work place, Unethical and illegal work practices as she had a non employee working in the office with access to medical records and financial records which jeopardized my integrity as we thought this person was employed.

As for discrimination, to answer your question this was not the straw that broke the camels back actually I let it go pretty quickly, don't get me wrong it was discrimination for the fact she did not follow policy and I was denied my opportunity to interview etc. The hostile work environment is what broke the camels back for me.

The verbal abuse, the in my face using cuss words and doing this in front of co-workers and patients. I do remember the names of people I spoke to and I put that into a report but will they testify? These are people who will have to deal with the wrath if they do, even though an employee is to be protected from such actions, they won't. They sure didn't protect me.

This is why I will probably not win my case.

Thanks for your advice about being calm and factual, I think I can do that. I was never offered an EXIT interview.

Darcie,

It's good you do have an advocate. Michigan UI hearings are still mostly "in person hearings. This is deemed to be an advantage due to the body language that is unseen at a phone hearing.

Almost all states list the issues as quitting and misconduct. It makes sense to do this because if an issue is not listed, and someone starts to address an unlisted issue...the hearing should or would be adjourned after a party objects.

Don't be so negative. Your circumstances are very appropriate to bring up the subject of "what would a reasonable person do in the same situation. The "reasonable person" is a standard which is applied by the judge to determine fault.

A reasonable person should never have to accept verbal abuse to preserve a job.

A hearing, unlike the claim process is used to FULLY develop the facts of the case.

I for one think you will prevail!!

Gook Luck Darcie.

Chris


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