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Question

Hi There,

I was working for a company for 6 months, and I let them know that I would need 2 weeks off to spend with my husband before he was deployed to IRAQ during the interview. I took more time off time anticipated to spend with him. The employer was not too happy with the time off I was taking. The employer agreed that this is a unique circumstance and that they knew that I was not taking the time in an abusive manner.
My employer had me sign an agreement that specifically states that I am not able to take any time off to see my husband if he should come home before deployment or any personal time off for 10 months.   I signed in fear of losing my job. I quit because my boss was harassing me about time off when my husband was able to come home once more before he deployed. Would I have a case to gain unemployment since my enviornment was once of harassment. I have document to show how I was talked to and treated?

Submitted: 89 days and 3 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Posted by DCrane 89 days and 3 hours ago.

Answer

It would really depend on the severity of the harassment and the frequency. Since you quit, you would have to show that the circumstances were unbearable and that prior to quitting you exercised all available options within the employer's control to remedy the problem.

89 days and 3 hours ago.

Reply

Is it up to the judge to decide what he wants to do. Does the time I was employed 6 months have any bearing in relation to a year of employment?

Posted by DCrane 89 days and 3 hours ago.

Answer

Yes it is up to the judge, and the 6 months only has relevance insofar as it shows your employment history with this employer.

89 days and 2 hours ago.

Reply

In your experience does it look like I have a case? Below is an example of her actions.

 

She made a lot of acusations about my intent without talking to me first- she just assumed.

 

Boss's respone "not bolded" My response "Bolded"

 

Michelle, as in all offices there are policies and procedures to follow. Before I left town in June, I explained to you exactly what I wanted done with regards to Laura's new hire packet. Upon return of her paperwork, you were instructed to submit the three payroll papers to ADP and to leave the rest of the paperwork in my mail slot or on my desk. This was not done. The payroll paperwork, especially the W4 form must be filled out and signed by the employee, it is not up to you to make the decision as to how paperwork is handled for compliance or corporate purposes within our office, there are procedures in place for a reason.

In regards to the on-boarding of a new employee, This is the first employee that I have processed paperwork for which is why there are gaps in processing it properly. I did not make a decision on how to handle the paperwork.
I simply do not have the experience and training on how to process it smoothly.

On another note, why did you give Cameron the combo to the lockbox? The three of us are the only ones with the combo and neither Jim nor I gave it to him.
You were instructed when going thru training, the combination was not to be given out. There are keys in the lockbox that Jim does not want the advisors to have access to. As you can tell I am very frustrated with your actions, showing no regard or respect for what you've been instructed to do.

It would be much appreciated if I were asked about the situation, so I could clarify what happened. I did not give Cameron the combination to the lock box. Cameron approached me to open the lock box for his spare file cabinet key. I went to the front desk as he was looking at his keys. He must have closed the box and saw the combination to it. My actions were not done with thoughts of disregarding policy or lack of respect to my employer.

With regards to you "informing me" that you would be taking August 3rd and 4th to once again spend time saying good-bye to Troy came as a surprise. It was made very clear to you when we met to review your extended probation document, that you were not to take any additional days off until your anniversary date in February 2010. Michelle, you agreed to this. EBWA took into consideration (when hiring you) your situation with Troy, agreeing to let you to take the ten days off you requested before Troy shipped out. I don't know of any corporation willing to allow a brand new employee the incredible amount of time off you ended up taking. I believe EBWA has been very understanding. Instead you have taken complete advantage of the situation.

My actions were not with any malicious intent of taking advantage of the situation. I'm just a wife and mother trying keep things running on the home front while my husband is away. The government has allowed Troy to see his family once more before he departs. I am going to make every effort to spend time with my him before he goes to war. I do realize that it would be difficult for someone to understand if they have never had a loved one pulled from their life and then not be able to see them for a year.
I will be taking the time off to see Troy and have prepared for coverage with Noelle.

Posted by DCrane 89 days and 2 hours ago.

Info Request

<p>Is the above the harassment you were referring to?</p>

89 days and 2 hours ago.

Reply

Yes this is one example

Accepted Answer

Legally, this would not be considered harassment. If you were to bring a suit based on the above as harassment you would likely be countersued and held responsible for paying the defendant's attorney's fees.

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 8/25/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

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