Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

We own a restaurant. An employee walked off the job during a

Customer Question
busy night and quit. He...
We own a restaurant. An employee walked off the job during a busy night and quit. He has filed for unemployment benefits. His stated reason is "I was forced to work under hostile, discriminating and sexually harassing environment." Should I let this go so that he can receive benefits? I know that because he quit, the reason he gave would be the only way he could receive benefits. Should I let this go so that He can receive benefits or should I dispute his claim ?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: South Carolina
JA: Has anything been filed or reported?
Customer: He filed with the South Carolina Department of Employment. I received the paperwork from my accountant yesterday. I have ten days to respond - I have to respond by July 16.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
7/12/2017
Employment Lawyer: John, Employment Lawyer replied 4 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,799
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 4 months ago

Generally, I would not get in the practice of not contesting unemployment benefits. First off, these charges are made against your account and ultimately taxed against you… Which can end up with you paying an exorbitant tax rate on your payroll. Second, while your unemployment records cannot be used to in a discrimination case it's not good for them to simply let an employee make up facts against your establishment. Unless you feel the employee is a clear case for discrimination against you or others in your establishment, I would protest the application for benefits.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Ok. Is general cursing among employees in the kitchen considered sexual harassment?
Employment Lawyer: John, Employment Lawyer replied 4 months ago

not unless it is aiimed at the person and unwelcome (i.e., the others are saying sexually degrading things to the employee and he isn't participating in the general back and forth that might otherwise just be considered "joking"). Hope this answers your questions. Thanks.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 4 months ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.

Ask Your Own Employment Law Question
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,799
5,799 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,799 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was receiving my unemployment benefits in Oregon. My
I was receiving my unemployment benefits in Oregon. My father is 75 and needed assistance at his farm, so I decided I would try my luck at the job market back home in Iowa. I contacted The Oregon Empl… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
I have a question about unemployment benefits in Texas.
i have a question about unemployment benefits in Texas … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I collect unemployment benefits if I was fired four yrs.
Can I collect unemployment benefits if I was fired four yrs. ago do to having to call in several times being under a Dr. Care.… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
PA unemployment benefits. I was promised recall to my job,
PA unemployment benefits. I was promised recall to my job, was awaiting unemployment benefits, they told me I had to sign up to the job gateway. I did so but did not complete my profile 100% and compl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had my Unemployment benefits denied for an issue of NRS
I had my Unemployment benefits denied for an issue of NRS 612.434 "between terms" issue for educators. … read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I have a question related to unemployment benefits in the
I have a question related to unemployment benefits in the state of CT and then working as an independent contractor. Can you assist me? … read more
John
John
Employment Lawyer
5,799 satisfied customers
I was denied unemployment benefits the first time I applied
I was denied unemployment benefits the first time I applied --- then I appealed that decision and was denied a second time. I should have sought council the first round ---- my mistake. I submitted my… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
About claiming unemployment benefits in ny. been told i
been told i cannot return to work until september. if i claim benefits here in ny, can i go to another state for retraining for a job? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
I recently filed for unemployment benefits and when asked
I recently filed for unemployment benefits and when asked how I lost my job which answered laid off due to slow down in business. My company told me was due to my attendance. I really feel like it was… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
My question is dealing with unemployment benefits. First
My question is dealing with unemployment benefits. First I've worked over 20yrs never collect unemployment. I was laid off in 05/016, I collected unemployment form 12/16-05/17.I live in Pennsylvania n… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I have apply for unemployment benefits. A letter was sent to
i have apply for unemployment benefits. A letter was sent to me saying that I did not earn enough in my based period to qualify for benefits.so my week benefit for this claim week is 0.00. I have been… read more
John
John
Employment Lawyer
5,799 satisfied customers
For how can I collect unemployment benefits? california, i
hello for how long can I collect unemployment benefits? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about NJ unemployment benefits. yes. I
yes. I applied 3/5 and have been receiving benefits. The question is can I request a recalculation based on an alternative benefit year? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was denied unemployment benefits due to lack of good
I was denied unemployment benefits due to lack of good cause. I quit because I was suspended for leaving an unemployment hearing for a former team member. I was only supposed to be a witness if the re… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Am I eligible for unemployment benefits immediately if I was
Am I eligible for unemployment benefits immediately if I was RIF'ed (reduction in force)? I'm applying for unemployment and I'm being asked if I'm receiving a severance package or vacation payout. Thi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was recently fired. Can I apply for unemployment benefits?
I was recently fired. Can I apply for unemployment benefits? I have a judgment from a previous claim from 2 years ago that was judged against me. I have been meeting the payments each month for the pr… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I have filing unemployment benefits for about 5 months now.
I have filing unemployment benefits for about 5 months now. And i also got a part time job work differnt hours 2 days a week. And i have reported every two weeks to my unemployment the hours but since… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I was approved for unemployment benefits then the employer
I was approved for unemployment benefits then the employer objected. I won but they appealed. I' won again then employer came up with a whole new set of lies why i got fired and they're making me repa… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x