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I need a Texas employment attorney to answer this question as laws change by state.
I am in a situation now where I have been employed for 2 years. The working environment is increasingly hostile. It is a small family-owned business and the husband, wife, and one of their children works here. A couple of weeks ago I had an emergeny and had to leave immediately. As I am explaining the situation I am told to go and find an invoice for him. I look for 20 minutes for the invoice and can't find it probably because I am in a panic state and this invoice is from over a year ago. I couldn't find it so I asked one of my co-workers, whom I always assist, to help by calling the company and getting it faxed over. I tell him and he screams at me "I told you to do it, I don't want "employee" doing our f**king work." Shortly after this I sent a letter express my concerns. I have received various warnings since then and have been asked to lie to other employees about pay and other things, Can I quit?
Submitted: 8 years ago.Category: Employment Law
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6/21/2010
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
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Do you have an employment contract?
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Customer reply replied 8 years ago

No I do not but my question is geared more towards whether I can quit and still get unemployment duing my job search. I have already started looking for another position since the day he yelled and cussed at me. But now we have a sales tax audit coming up and he wants me to supervise knowing that I am not qualified and I am also not the office manager. I do not feel this is right. He should hire someone qualified to do and frankly I am just getting tired of being used.

Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
If you quit, you are ineligible for unemployment benefits since you are simply quitting because you don't like the work environment. Not liking your job is not one of the exceptions that allows you to collect UI benefits after voluntarily quitting a job. Otherwise, everyone would quit jobs they didn't like and just collect UI benefits. Unfortunately, that's not how the system works.
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Customer reply replied 8 years ago

You don't understand. Its not that I don't like my job. My job is fine. I don't think I should have to get yelled and cussed at just because I work here. There has to be some standard for the employer to follow and not just the employee. If I were to yell and cuss at him I am sure I would get fired and still be ineligible for benefits.

I am expected to do all of the duties of someone elses position because she is remote. Thats not fair. I am not the office manager but yet I have all the office manager responsibilites. He fired the office manager he had onsite and just expected me to pick up the slack. Thats not fair to me. I am expected to be the person to help everyone and can't ask anyone else for help. I am being forced to go way outside of my job duties, to be unethical and lie to employees about their pay, lie to government agencies about our practices among other things. I think that goes far beyond not liking my job. This is an abusive atmosphere and you are saying that I have to stay here or I won't get unemployment but if I were to do the types of things he does it would also be okay to fire me and not allow me to unemployment. If thats true we really have a very broken system here.

Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
Unfortunately, it is not against the law to get yelled and cussed at while at work. That is the issue. Since your employer is not doing anything illegal, if you quit, you would be ineligible for unemployment benefits here in TX. Being asked to lie to government agencies is an entirely different thing. If you report that to the agency and then quit, you would then have a chance at getting UI benefits because you could show that you quit because your employer was engaging in illegal activity...but cursing is not illegal.
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
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Customer reply replied 8 years ago

So basically everything about the unemployment system is geared towards the employer. He can over-work, under-pay, and treat me like crap and theres nothing I can do about it but stay here and take it until another position comes through. Thats perfect. Thanks all powerful US government for having the backs of the people that make this country tick. Just ranting.

Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
The unemployment system is meant to compensate those who lose their job through no fault of their own (i.e. if they do not quit and as long as they do not engage in miscondut). If you are an at-will employee, you are free to find another job and quit your current job. That is why I asked you if you have an employment contract since if you don't, the law gives you the right to quit. Believe me, there has been more than one job that I've quit in my lifetime because I did not like the environment. I just made sure to have a job offer in hand before quitting.
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Customer reply replied 8 years ago
Yeah, I'm working on it, very diligently. Hopefully I will be out of here in the next few weeks. Thanks for all of your help.
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
Good luck to you!
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Customer reply replied 7 years ago

Hello MDLaw,

 

My employer did ultimately ask me to falsify documents and provide them to the tax auditor and I refused and informed him that the act was illegal. Ever since then its like he is looking for a reason to fire me. Unfortunately I have not been able to secure another position and I only anonymously reported the fraud to the taxing authority and they did nothing of course. I have documented proof of this occurrence. I am still asked to do unethical things and I am soooooo unhappy here!

Employment Lawyer: MDLaw, Employment Lawyer replied 7 years ago
Did you have an additional question?
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Customer reply replied 7 years ago
Now that he has asked me to commit fraud on behalf of his company, and since I refused has been picking on me.......if I quit what is the likelihood that I would be able to get unemployment while searching for a new position?
Customer reply replied 7 years ago
Oh, and my apologies for not pressing accept in all this time. I was unaware that I needed to do that for you to get compensated.....I will though......
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