How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16606
Experience:  Licensed Attorney with 27 yrs. exp in Employment Law
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I am ready to quit a job but they contest unemployment claims.

Resolved Question:

I am ready to quit a job but they contest unemployment claims. I have been here 11 years had great reviews and never had disciplinary action- In February I had to report that number on a federal grant were incorrect the prevoius year- Not my error I just caught the error and reported it. Since then I have received "strong" emails regarding my accuracy, had my FMLA (intermitant) discussed with an open dorr so other employees heard and have now been told I will be receiving a write up for to many abascances though there is no poicly defining "too many", I have never taken a day off witout pay and the employeer has signed every single request. I really just want out!
Submitted: 9 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 9 months ago.
Hello,

Thank you for the information. Will you tell me what your specific legal question is? Also, are you alleging that your employer is discriminating or retaliating against you because of your use of FMLA, or because you are member of a protected class under employment discrimination laws? Have you spoken to HR about your concerns? I am not clear on who it is that suggested that you give notice and that there would be no contest to unemployment claim. Can you clarify that statement?
Customer: replied 9 months ago.

Sorry- I believe it is a hostile work enviroment and do not want to remain here- I feel ill walking into this place each day. If I quit I know I have to show cause to draw unemployment and I am not sure I have a strong case. I guess that is my question. Do I hav eenough to show casue to quit?

Expert:  Marsha411JD replied 9 months ago.
Hello again and thank you for your reply, although I don't see where you answered the following questions: (can you please do that so that I have enough facts to assist you?)

Are you alleging that your employer is discriminating or retaliating against you because of your use of FMLA, or because you are member of a protected class under employment discrimination laws?

Have you spoken to HR about your concerns?

I am not clear on who it is that suggested that you give notice and that there would be no contest to unemployment claim. Can you clarify that statement?
Customer: replied 9 months ago.


Q1: My boss seems clear that the FMLA cannot count in terms of being off of work, but I do beleive it plays into thier "perception" that I miss to much work. No- I don't think at this time they have discriminated


 


Q2: Yes, I have spoken to HR- no help there


 


Q3: I am the person thinking that giving the notice may be best- I have seen it occur with other employees

Expert:  Marsha411JD replied 9 months ago.
Thank you again for that information, it was helpful. In Washington, as with other states, if an employee quits their job, they carry the burden of proof to show that they quit for "good cause" attributable to the job and that they exhausted all of their remedies with the employer before they quit. This is not an easy burden to carry and generally speaking unless the employee can prove that the employer either engaged in an illegal act (such as discrimination, retaliation for asserting a legal right under wage laws, WC, FMLA, or similar laws, or filing a whistleblower complaint with OSHA, IRS, etc. ) or drastically and adversely altered the terms and conditions of employment (such as hours, pay, duties, etc.) in such a way that the employee can no longer work there because of economic, medical or familial reasons. Other than that, it is nearly impossible to show "good cause" to quit.

As for whether you would have that cause, I cannot say with certainty (no one can) because I do not have all of the facts from the perspective of the employer and also because the decisionmaker (the State) would bring their own perspective to the decision once they have heard both sides. What I can say though is that what you described is not hostile work environment harasssment unless it is based on your use of FMLA or because you are a member of a protected class under employment discrimination laws. In other words, there is no such thing as unlawful hostile workplace harassment without discrimination. It is a legal term of art that only applies in discrimination cases. So, unless that is motivating these actions and the State believes that these actions were "severe and pervasive" and you had exhausted you remedies within the company to resolve it, then you could not use this as a reason for quiting with "good cause."

Unfortunately, your best path to unemployment is by actually being let go involuntarily. At least in those cases, the employer carries the burden of proof at the unemployment level to show that you intentionally, or through gross negligence, violated a company policy, standard, rule, etc. If the facts are as you have shared them, they would be unable to do so and you would win your unemployment claim.

You can read exactly what the State says about "good cause" to quit by going to: http://www.oah.wa.gov/Unemployment.shtml#establishgoodc

So, from an unemployment perspective, you are better off being terminated, as you do not appear to have a sufficiently strong case to quit for "good cause" even though the employer is being unreasonable and perhaps unethical. But from a mental health standpoint, it may be better to quit and move on. If you cannot afford to do that without other income, then you are in a position of trying to actively find employment before you quit your job, so that you do have to depend on winning an unemployment fight.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16606
Experience: Licensed Attorney with 27 yrs. exp in Employment Law
Marsha411JD and 5 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.