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Q) I had to quit my job one month ago that I loved, but the Nurse practitioner that I worked with left and they hired a new Nurse Practitioner that ended up being a hostile work environment, so I had to quit. I did write a letter to Human Resource, which did nothing about it and my boss also new. Am I allowed to collect Unemployment?
A) If your work environment became hostile and you can prove your claim, you may qualify for unemployment benefits. However if you have voluntarily left your job, usually you are prevented from collecting unemployment benefits. If you’re forced to quit due to a hostile work environment, this is a constructive discharge. It might have been your employer’s intention to drive you to quit, or maybe he knew you were being subjected to hostile treatment and did nothing about it, so you had no other option but to resign. A hostile work environment is the only grounds for a constructive discharge claim, according to the LexisNexis Legal Newsroom. source http://legalbeagle.com/8622967-prove-hostile-work-environment-unemployment.html
WHAT YOU MUST PROVE
You must meet a few burdens of proof if you’re going to make a successful claim to the unemployment office:
You must be able to establish a direct relationship between the way you were treated and the fact that you quit. Ideally, you resigned on the same date the most recent negative incident occurred. If you wait too long ,or if your tormentor has since been fired or left his job, you may lose your right to a claim.
You must show that you didn’t suffer in silence. You made a complaint to your boss, supervisor or human resources department.
You must establish that not only was your work environment offensive to you, but that any reasonable person would have been upset by it.
HOW TO PROVE YOUR CLAIM
Your state isn’t going to take your word for it that you were subjected to a hostile work environment, so you’ll need tangible evidence to back up your claim. If you complain to your boss or the human resources department, do it in writing or follow up in writing. Keep your own notes as well, but keep them at home, not in your desk drawer or on your work computer. Go into as much detail as possible with each incident, beyond just the date, the time and a summary. Consider getting signed statements from co-workers who have witnessed the treatment you were subjected to, or who might even have been treated badly themselves. This type of “me too” testimony isn’t always admissible in court, according to the Spitz Law Firm in Ohio, but you’re establishing a claim with your unemployment office, not a judge or jury. http://legalbeagle.com/8622967-prove-hostile-work-environment-unemployment.html
State Unemployment Offices
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