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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37947
Experience:  Retired (mostly)
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I am being bullied in the work place. I have had false accusations

Customer Question

I am being bullied in the work place. I have had false accusations and false statements written against be in the form of a final written warning document. I have been sick and out on FMLA because of what they have been doing to me. I'm scared and can not go back to work because I feel I am working around corrupt managers. I have worked for company for nine years. Never got written up until recently twice in four months time. They have made me suffer anxiety, depression, panic attacks, emotional stress. I cannot work along side managers who mis treat me in this way. Can I collect unemployment benefits??
Submitted: 1 year ago.
Category: Employment Law
Expert:  socrateaser replied 1 year ago.
Hello, At this time, there is no published appellate case in Nevada which holds that supervisor harassment is "good cause" for quiting one's job to receive unemployment insurance benefits. However, there is an "unpublished" decision by the Nevada Supreme Court, which was issued just last month, in which the court noted that harassment has been recognized as good cause in other jurisdictions (Smith v. State Employment Sec. Div. 15-15467 (May 20, 2015): ...Although harassment by fellow employees can constitute good cause for voluntarily quitting a job if the claimant informed his employer of the harassment and gave his employer an opportunity to understand the nature of his objection before resigning, see Mercy Hosp. of Pittsburgh v. Unemployment Comp. Bd. of Review, 654 A.2d 264, 266 (Pa.Commw.Ct.1995), unsubstantiated complaints do not constitute good cause for voluntarily quitting a job for unemployment benefits purposes, see In re Jones, 602 N.Y.S.2d 442, 443 (N.Y.App.Div.1993)... The Nevada case shows that if you have complained to the employer and the employer has failed to respond in a positive manner, then you have good cause to quit your employment. Since you have actually taken FMLA leave due to the employer's conduct, I believe you have all the evidence required to obtain unemployment insurance benefits, if you voluntarily quit your job. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Customer: replied 1 year ago.
what about the false document and accusations they made on a final written warning, how do they get away with that and what about everything I've gone through, what I suffered
Expert:  socrateaser replied 1 year ago.
You originally asked about unemployment, so that's the question I answered. Since you are opening the door to other issues, I will cover as many as possible below, so that you are fully informed. Most employees view an employer's conduct as "wrongful" and therefore subject to some sort of regulatory or legal action. The legal reality is exactly the opposite. Practically everything that an employer does, concerning its employees is lawful, because the overarching principal of employment law is the "at-will" employment doctrine. This doctrine provides that an employer can terminate, suspend or demote an employee at any time, for any reason, or for no reason at all. Only where the employee can tie the employer's conduct to an established statutory prohibition, is the "at-will" doctrine avoided. Just because the employer treats you poorly, does not necessarily create employer liability. You have the right to quit, which will absolutely terminate further employer harassment. This is certainly a bad result, but it's better than suffering health-degrading emotional abuse. In some jurisdictions, employers have recently been held liable for a worker's impaired mental state, via workers compensation laws. If you believe that the employer's conduct has caused your mental impairment, then you can file a workers compensation claim, because you have suffered a workplace injury. This type of injury can be difficult to prove. But, it is not impossible. If you intend to try this route, then I strongly suggest you retain a workers comp lawyer. You could also sue for retaliation against your use of FMLA leave. The employer's various actions against you may be evidence of that retaliation. The government does not provide any regulatory authority to enforce FMLA violations. Consequently, you must hire an employment-rights lawyer if you want to try to obtain relief for the violations. It is also conceivable that you could sue for an ADA violation, because you should be entitled to "reasonable accommodations for your mental health disability. You can file a complaint with the Equal Employment Opportunity Commission (EEOC). However, this type of complaint has a very short deadline (180 days from the date of ADA discrimination). This may cut off some, but not all of your claims against the employer. Because you have so many varied possible claims, you may want to try to find an employer rights lawyer willing to take them all on. If you need a link to a reputable lawyer referral service, please let me know that my answer is helpful, and I will be happy to provide further information. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Customer: replied 1 year ago.
I have been working for Caesars Entertainment for what will be 9 years in July. I have been a good employees never been written up in all the years that I worked there until recently. I have 30 years experience as a food server that's what I do for a living, but in addition I have been educated in management the Leadership Awareness program prepares you for the roles of leadership and management. Managers know this in this department. I have been told by many guests I do an excellent job at what I do and I also have a letter from the CEO of Caesars Entertainment Gary Loveman thanking me and appreciating all my hard work that I do for the company.I don't know if it's jealousy or what. we have been having issues in our department. guest complaining about the way things are going on in our restaurant comments made by the guests and several unhappy employees myself included. it seems like after a wrist injury that I had in the workplace back in 2013 their attitudes towards me have changed coming up to me with petty complaints from guests, always bring up negative things to me to my face, making me feel bad about the way I'm doing my job making me feel worthless. I spoke up to these managers in hopes to solve some issues we were having in our restaurant and because of that they are retaliating against me. in addition to the lies, false statements, false accusations, managers plotted against me in the work place while I was working and included family members managers mom and friend to create the false documentation of Lies written on the final written warning right up. when this all occurred it made me so sick to my stomach in disbelief, that's when the Dr put me on FMLA for anxiety stress, panic attacks,and depression. I did file a formal complaint of harassment written in my own words to the HR department also I feel I did everything I was supposed to to try and resolve this issue I feel that nothing was done to protect me from being mistreated in this way. I met with HR and other senior management to have this unfair document removed out of my file they did not remove it. all of a sudden now I have complaints dated back to 2006 which I never even heard that I had. funny how I never heard about any of those complaints until right now when all this is going on. They did not take the final written warning complaint out of my file they kept it there. The doctor gave me one more week on fmla. which ends the 11th a few more days from now. should I write them some sort of letter explaining to them why I quit and what are my rights going forward please direct me to the right lawyer I feel like they need to pay for what they put me through and for all the pain and suffering I suffered through all this. I'm having to leave a job that I worked for 9 years and I'm being pushed out of the work place because of deceitful managers who lie and make up false accusations and statements. Its scary this job is how I pay my bills how I keep a roof over my head, and I'm afraid but it's something I have to do. please help me and direct me in the right direction step by step please
Expert:  socrateaser replied 1 year ago.
At this point, I believe that I have already explained everything that you need to do, and that if you require "step-by-step" instruction, then you must hire a lawyer to represent your interests. As you require more than I can provide, I shall reopen this question so that others may try to assist you further. Please do not reply to this memo, as it will only slow down the process of getting someone else engaged in your question. Best wishes with your legal dilemma, and thanks for using justanswer.com!
Customer: replied 1 year ago.
Hi just wondering if you referred me to a new employment lawyer still waiting for a response

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