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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12783
Experience:  Significant experience in all areas of employment law.
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I quit my job as General Manager of the Laquinta Inn &

Customer Question

I quit my job as General Manager of the Laquinta Inn & Suites in Collinsville Illinois because the owner allowed an employee that I fired to return to work. Thereason for her termination was insubordination, using threatening loud abusive profanity (FU) because her paycheck was short $39. When I filed for unemployment, I was denied and now I am beginning the appeal process. I have been in the hotel industry for 30 yrs. I worked as a General Manager for Hilton for 20 yrs. What is the best way to proceed? Additionally, I asked the owner to stop lowering the rates to $41.00. The clientelle the low rates drew were using illegal drugs and the Collinsville police were called on a regular basis. I felt my life could be in danger dealing with this type of clientelle.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Has anything been filed or reported?
Customer: I filed for unemployment on Oct 16th and received a denial letter last week. I do have the right to appeal. I have not started the appeal request yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. I am very sorry to hear about this. Are you asking what you can do to appeal your denial of benefits? What precisely is your question regarding this situation? I very much look forward to helping you on this matter.

Customer: replied 10 months ago.
I need to be prepared for the appeal process and need legal advice. My unemployment claim was denied so the next step to appeal the decision.
Expert:  Patrick, Esq. replied 10 months ago.

Thank you. Not to be obtuse because I really want to help you, but I need you to be more specific than wanting legal advice. I need to know specifically what your legal question is that I can answer for you. Are you asking if you have grounds to appeal the denial?

Customer: replied 10 months ago.
Under these circumstances in your legal opinion, do you think I have a chance to win the appeal.
Customer: replied 10 months ago.
I felt I was in a hostile work environment. If an employee can be insubordinate and use profanity and keep her job, how was I to manage such a diverse group going forward.
Expert:  Patrick, Esq. replied 10 months ago.

Thank you, ***** ***** your clarification.

Typically when an employee resigns, they will be disqualified from receiving unemployment benefits. This is because one of the requirements for receiving benefits is that the claimant be unemployed "through no fault of their own." When an individual resigns, they are generally regarded as unemployed "through fault," since they made the voluntary decision to become unemployed.

An exception to this general rule arises when the employee can establish that they quit for reasons amounting to "good cause," meaning reasons that would cause a person genuinely desirous of remaining employed to feel as though they had no choice but to resign. This is a very high standard. Having management override one of your decisions would probably not rise to that level. Having dangerous clientele could, but you would most likely need to point to specific violent incidents that gave you a reason belief that your safety was in jeopardy. Simply having people "hang around" who were questionable characters would probably not be enough. So, as far as your appeal is concerned, you would want to emphasize what specifically caused you to feel as though your safety was at risk and that this risk was not merely hypothetical but actually demonstrated through incidents at the hotel.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Expert:  Patrick, Esq. replied 10 months ago.

Are you still with me?

Expert:  Patrick, Esq. replied 10 months ago.

Can you please let me know if you are getting my messages?