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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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Employee quits after being reprimanded for not performing duty,

Resolved Question:

Employee quits after being reprimanded for not performing duty, attempts a mutiny (that partially fails) and then claims to DOL he quit due to harassment. What am I in store for?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

I need you to be a little more specific in your question(s) if you could. When we answer general ones we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer:

I had an employee voluntarily quit after an arguement over failure to perform job. He has claimed he was harassed at work.

Dwayne B. :

I understand your facts, I'm just not sure what your question is. Also, what type of harassment is he claiming (i.e. sexual, racial, etc.)?

Customer:

NYS will not award unemployment benifits for voluntary quit. I can aonly assume he filed harassment as a way to claim. Not racial, I can only assume verbal harassment?

Dwayne B. :

Hmmm. Did he file with the Department of Labor, if so did he file with the state or federal?

Dwayne B. :

Or did he file with the EEOC?

Customer:

Recievd notice from DOL about claimant stating harassment State

Customer:

NYS DOL

Customer:

It only states "due to harassment"

Dwayne B. :

It isn't illegal for an employer to orally harass a worker unless it is based on them being a member of a protected class lice race, age, gender, etc.

Dwayne B. :

And any claim like that would have to be filed with the EEOC.

Customer:

Unemployment insurance dept

Dwayne B. :

Okay, I understand now.

Dwayne B. :

Essentially he is trying to get around the "quit" issue by stating he was being harassed at work and therefore it was constructive termination.

Dwayne B. :

So it is just an unemployment issue.

Dwayne B. :

Not what you usually see when you hear about harassment cases.

Dwayne B. :

If he quite just because you were "mean to him" that's not constructive termination,

Dwayne B. :

and nothing to really worry about.

Customer:

I assume so, yes. He attepmted to get the rest of my crew (2 employees) to quit as well, Stated they all quit first, then was only able to get one on-board

Dwayne B. :

You will want to respond and ask for specifics on his claim so that you will be able to respond.

Customer:

I assume he/they is/are stating verbal abuse....

Dwayne B. :

That's why you need to ask for specifics. You can;t respond without knowing what exactly he is saying.

Dwayne B. :

It probably won't matter anyway. Being yelled at or harassed orally isn't sufficient to justify quitting.

Customer:

Dont recall any incidents of myself calling names, etc. but at times definitely frustrated with them!

Dwayne B. :

An employer is allowed to "talk mean" to an employee.

Dwayne B. :

I think what likely happened is he read somewhere that you could get away with quitting if it was because you were harassed and he just didn't understand that they didn't mean harassed like it is usually used they meant harassed for a prohibited reason.

Customer:

Got it. I am sure he is being coached, and has abused the system prior.

Dwayne B. :

The internet is great but it also has a lot of wrong or confusing information on it. I would tend to agree that he is being coached or doing some research but they don;t really understand the law.

Customer:

I will relax now, and get in touch if it escalates. Otherwise, thank you, XXXXX XXXXX spend your valuable time helping someone else out! LOL! I appreciate the information.

Customer:

M.

Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 27405
Experience: Employment Law Expert
Dwayne B. and other Employment Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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