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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2904
Experience:  Exclusively practice labor and employment law.
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My husband has been harassed

Resolved Question:

My husband has been harassed at work following a picture that was taken of him two years ago while he was sleeping where someone placed a hotdog in their crotch(excuse my language)and dangled over my husbands open mouth. The picture resurfaced a year later,saying remember the good times. The harassment has been getting worse at work. He is being called Monica Lewinsky, or weinergate. Someone went through his lunch and pasted his banana to a computer. It just goes on and on. He reported the picture to Ethics,since he couldn't take it anymore. They in turn sent to EEOC. My husband is very conflicted, loved his job,but hates going to work now. His manager wants to meet with him on Monday. The manager has been aware of this picture for two years. In fact when it happened, he asked if my husband was going to HR. As far as we know the manager does not know about him going to Ethics. My husbands MD wrote a note for him to be off work x 2 weeks then come in to be reassessed . He has sent him to a Counselor to help. He feels like he can't go back to work. He feels like the harassment will continue only more covert than before. Will he be able to get unemployment while awaiting EEOC findings if he resigns his job?

 

Due to his ambivalence he hasn't given the Ethics committee all the harassment times he has documented.

Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. It is impossible to say with a certainty whether you he ultimately be granted unemployment compensation, but I can tell you the standards and what he'd have to prove if he were to apply for it in any event. In cases of resignation, the employee has the burden of proof to show that the resignation was for "good cause attributable to the employer" and courts generally interpret this to mean that no objective and rational person would be expected to tolerate the employer's treatment; some examples are sexual harassment, physical violence etc. One more requirement is that the employee must have tried to resolve the issue with the employer before quitting.

So in his case he would have to be able to prove both not only that he was being sexually harassed but that the employer did not do anything about it.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2904
Experience: Exclusively practice labor and employment law.
John and 13 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Thankyou for your advice. It looks like we will have to wait until we see what happens on Monday. Have a great evening.

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