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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12209
Experience:  JD, MBA
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I am here to prove that quitting was the only reasonable

Customer Question

I am here to prove that quitting was the only reasonable thing to do. On 6/1 ***** ***** and Charlene McIntyre knew what our office meeting entailed. I did not. Proper protocol would be for the owner to speak to the manager and be on the same page on what was going to be discussed and what the issues were. The meeting was a conspiracy and I will do my best to prove it.
1. I had been employed by eetc for over 18 years. I was the only year round employee and my title was the office manager. I ran the office and a multitude of different employees over the seasons. In 18 years no change in procedures at all. Each woman had specific duties to complete daily. Last season Charlene McIntyre was hired as one of my subordinates. She lacked the ability to complete her job duties, as she would not follow my instructions. I had discussed with her time and time again and Brian, we decided we didn’t want anyone to lose their job and season was ending, lets her finish it. Out of nowhere Brian had fired my daughter Lauren after 10 years of employment, she had her twins and was coming back from maternity leave to work. He said he didn’t like her and he laid in bed all night the night before thinking about how much he didn’t like her. I felt that Charlene was reason Lauren was fired. After Laurens dismissal we had a disagreement in the office between everyone and I was then to show Charlene how to do my job duties and accused of keeping it a secret for job security. See Ex 1
2. The season was soon over. After vacation and returned to work to start the new season with Christina, Aprili, Charlene and Cathy. The problems began to arise with Charlene within 2 days of our return See ex 2 2/26/16
3. Brian and I agreed to enforce a discussion that would take place between Charlene and I. Ex. 3 that she was not to discuss anything with Brian and vice versa, that was respectfully ***** ***** be discussed with me the supervisor/ mamager and then in turn I would decide what to do with the situation. Either I rectify it or bring it to Brian, not Charlene.
See ex 4 from 3/23/16
4. Brian was happy about that, he was opening another business and didn’t have time to babysit eetc, but that’s not how it worked out. Charlene was constantly having private conversations with Brian. I can not tell you what they were about as I was not involved but he permitted them.
5. Brian then changed my hours, after 18 years. My normal hours were 9.9:30-3:30 with no breaks, unless there was a problem I would stay later until resolved. He changed them to 9-5 during from memorial day to after july 4th, and I was to take a hour lunch break. I said ok, although Monday, Tuesdays and Wednesdays I could only work until 4:30 as I had to watch my grandchildren while my daughter went to school. He said ok then only a half hour lunch, while the other girls in the office hours were
Charlene 830-430,
Aprili 730-500,
Christina 9-5
Cathy 9-1 cash
nobody had lunch breaks or breaks. This is where trouble began, Aprili and Christina smoked. Charlene didn’t appreciate them taking smoke breaks and started in Brians ear again how she is doing all the work. I feel everyone is entitiled to walk away from their desk and told Charlene to do the same. Take a break.
6. On 5/31 war broke out in office, Charlene saying to Christina that she is doing Christinas work, mind you Christina had been working there for 5 years and at this point my right hand. Charlene wouldn’t even know how to do the work Christina does, with the efficiency and time allotted. Christina constantly even helped Robin who worked as manager of Brians other business across the hall. Robin was constantly calling on her to help. We got into it abit and Charlene told me she thoroughly discussed her feelings with Brian. Here we go again. I took my phone and walked out of our office to call Brian, furious. I asked him why he was permitting this to go on again? I should have quit right there because we had an agreement. And he was constantly breaking that agreement and talking to Charlene on issues, leaving me out. We set a meeting for following morning, which ended up to be afternoon.
7. On 5/31 in the evening I sent Brian a text message reaching out and trying to come to some understanding on why we don’t see eye to eye and get to the bottom of the problem. He responded and then told me he was shutting his phone off. Shutting me down, not willing to take the time to have a conversation with his manager. See ex 5
8. ON 6/1 in the afternoon Brian came in, moved his chair behind my monitor so we could not see eye to eye. He sat back and let it all roll out. I was told that I should be doing Charlenes job. Ive never done anyone but my own job. It was never necessary as everyone had no problems completing their tasks.
9. I told Charlene to respect me when she was talking to me and she responded that she will talk to me any f**king way she wants. At that time my daughter Christina walked out and down the stairs to keep from fighting with Charlene as she was being extremely abusive to me. I then fired Charlene and she told me that when Brian fires her she will leave, he cuts her check I do not.
I stood up at that point and walked towards Brian and he said nothing, as the two women were screaming at me. I do not know what they were saying because it was in stereo, my eyes were on Brian doing nothing, and remembering what he said that morning when I pulled in.. I asked him about my lunch break and he said it may not even matter after the meeting, why would my lunch break not matter? Because I wasn’t going to have a lunch break, I wasn’t going to be there. It made sense that this is what he planned to happen. I walked down to the bathroom and dumped my cup out and walked back to the screaming women and said to Brian, I can’t work like this. Standing over him. No response. We all work in one little room. I said this is ridiculous and I can’t get a word in edge wise. Still he said nothing, Charlene and Aprili were 5 feet away from us yelling. How much time was I to allot for him to say something? He is the owner, he didn’t stand up, he didn’t speak a word, he didn’t attempt to get any kind of control over the situation. I was dumbfounded, just in awe. My hands were tied at that point, I had no choice. Quitting was the only reasonable thing to do. I had exhausted all my resources. We had rules and understandings Brian time and time again refused to hold up to. I did what was asked of me and he had no complaints to me on my job performance.
11. Ex 5 If I worked a full day in June, why was my health insurance cancelled in May
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
This is my outline for my appeal.. It is on Friday
Expert:  TJ, Esq. replied 10 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can, but first I need to determine your specific legal question to see if I can be of any help. If you could write your question, I would appreciate it. Thank you.

Customer: replied 10 months ago.
What chances do I have with proof of each example to get my unemployment
Expert:  TJ, Esq. replied 10 months ago.

Hello again. Thank you for clarifying.

I won’t lie to you, you likely will have a tough time winning benefits. I found several examples of where benefits were not awarded after a person voluntarily quit. I couldn’t even find a list of cases where a person voluntarily quit and then received benefits. I'm sorry to say it's rare.

In these cases, the claimant did not get benefits:

— after being diagnosed with work-related stress and anxiety and given authorization for an absence from work for a month for medical reasons, the claimant, rather than taking a leave of absence, tendered a resignation even though not receiving medical advice to quit the job.7

— the claimant left without affording the employer an opportunity to address concerns regarding conditions which allegedly aggravated her asthma.8

— continuing work was available for the claimant on return from an illness and transportation problems, and the claimant failed to ask about the availability of assignments.9

— the claimant declined an offer of continued employment and did not sign a contract for employment after becoming upset with specified conditions contained in an addendum of the contract, which were designed to address problems the employer experienced with the claimant, and the employer treated the claimant's actions as a resignation.10

— the claimant, after complaining that due to inexperience, she was unable to perform the many duties entailed in the position without assistance, resigned because assistance was not forthcoming, and although the stress of the job caused her to lose sleep and feel sick, she was not advised by a doctor to resign for health reasons.11

— the employee resigned because the employer insisted that she use her legal name in performance of her duties, rather than the professional name that she preferred, where she acknowledged that the employer required her to use her legal name in order to avoid auditing problems.12

— the claimant called in several hours before the scheduled shift and, on reporting transportation problems, was offered a ride to the job site, but declined, did not report to work, and failed to return calls.13

— the claimant left employment after being advised that the employer was considering closing the office.14

107 N.Y. Jur. 2d Unemployment Insurance § 178

So, while I won't say it's impossible, I will say that you have an uphill battle.

I am truly sorry that my answer may be bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

Also, despite the bad news, I would certainly appreciate it if you remember to provide a positive rating via the stars, as it is the only way that I'll get credit for answering your question(s). Thank you. :)

Expert:  TJ, Esq. replied 10 months ago.

Here is one more case where benefits were not awarded:

Abrupt departure from the workplace, after a work-related exchange with a superior that deteriorated into personal insults, constituted leaving the job without good cause where, although the claimant stated that he experienced headaches and chest pains and was fearful that the superior might become violent, he did not seek medical attention or advise the employer that he was afraid for his safety.15

107 N.Y. Jur. 2d Unemployment Insurance § 178

Expert:  TJ, Esq. replied 10 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.

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