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I anticipate tendering my resignation, under duress, and file

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for unemployment.. There are...
I anticipate tendering my resignation, under duress, and file for unemployment.. There are many reasons, take you pick, hostile work environment etc..) Is the a proper way to resign and still draw unemployment?
Submitted: 9 years ago.Category: Legal
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Answered in 8 minutes by:
8/21/2008
Lawyer: LawHelpNow, Attorney/Lawyer replied 9 years ago
LawHelpNow
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Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

  1. I am a licensed Texas attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. Under Texas in general -- and more specifically the rules of the Texas Workforce Commission (TWC) -- in work separation determinations, the burden of proof is on the party who initiates the work separation: If the claimant (you) quit, the claimant must prove good cause connected with the work for quitting; if the claimant was fired or laid off, the employer must prove that the work separation resulted from misconduct connected with the work on the claimant's part, if the claimant is to be disqualified from UI benefits.
  3. TWC defines "good cause" as being "such cause, connected with the work, as would lead a reasonable employee who is otherwise interested in remained employed to nonetheless leave the job." So, anything you can prove regarding good cause will definitely be to your benefit. You would be wise to tender a written resignation (and of course keep a copy for your records) detailing your reasons and focusing on the hostile work environment to support your claim when you file for unemployment benefits.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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Customer reply replied 9 years ago

You bought yourself $30.00. Thank you. A folow up or two if you don't mind.

 

The company gives severence pay of one week per year worked. If I resign, under duress or not, what are my chances of receiving severence? what if I resign and give no or little notice?

Customer reply replied 9 years ago

The VP of personel "coached my wife on how to handle a EEOC issue (he did not like the answer she gave him when he asked about the situaton. She said " I think it is a training issue". He blew up and used the word coaching with her. Then he did the same with the manager of purchasing who told my wife what happeded and there was evidence that the VP mentioned to him that he had "coached Kris" as well.

 

Messed up isn't it. This has got to be illegal.

Lawyer: LawHelpNow, Attorney/Lawyer replied 9 years ago

Hello again and thanks for writing back. I will be glad to comment further. Please allow me to also say a sincere thank you for the kind payment.

 

  1. An employer should decide whether to pay such post-termination pay in installments or in a lump sum. Texas allows either method. Under the Texas Payday Law, severance pay is not owed unless it is promised in a written policy. It is good to understand some important differences.
  2. Most employers designate any post-employment wages paid to ex-employees as severance pay. For purposes of unemployment compensation, however, it is important to know that such payments may not be severance at all, but rather, wages in lieu of notice.
  3. Section 207.049(1) of the Texas Unemployment Compensation Act states that a claimant will be disqualified from receiving unemployment benefits for any benefit period in which he is receiving wages in lieu of notice. The Act does not, however, disqualify an individual from receiving benefits who is receiving severance pay.
  4. What, then, is the distinction? Although the Act does not define wages in lieu of notice or severance,the courts have generally defined severance pay to be a payment the employer has obligated itself to make, either verbally or in writing, which is based upon a set formula, such as length of prior service. For example, your employer having a company policy that a terminating employee is entitled to one week's wages for every year of service is clearly severance pay under Texas law.
  5. Wages in lieu of notice are additional wages which the employer is not obligated to pay. They are paid only because the employer has chosen to give the employee no notice of termination. The amount of wages is not based upon longevity or length of service. For example, an employer may call an employee in for termination and offer him X number of weeks wages to assist him during the time he is seeking new employment. No obligation + no notice = wages in lieu of notice.
  6. Anytime an employer is paying wages in lieu of notice, that information could be provided to the Texas Workforce Commission local office on any response to an employee's claim for benefits. Keep in mind that payment of wages in lieu of notice does not stop receipt of unemployment benefits, but payments will be delayed until the wages in lieu of notice period has expired. This often results in a substantial savings to an employer because many people will have found another job by the time they are eligible for benefits.
  7. Also, it is good to keep in mind that if an employer has a policy or practice of making severance payments or wages in lieu of notice, it will be obligated, under the federal law known as ERISA, to treat such benefits as a "welfare benefit" and to report them along with other forms of ERISA benefits in the IRS form for ERISA, Form 5500. ERISA is a very complicated statute that affects employment taxes, benefits, and employment policies and agreements.

I hope this is of some more help. Take care and thanks again for using Just Answer™.

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Customer reply replied 9 years ago

Got the reply for severence. I'll be happy to cough a few more bucks after you look at the q's about EEOC. Depending on the answer (if I have a suite to file) I may have to give you a big bonus.

Lawyer: LawHelpNow, Attorney/Lawyer replied 9 years ago
My apologies...I read your comments about the EEOC issue but then skipped right over it in my remarks. Could you fill in a few more details. In particular, is this a sexual harassment hostile work environment type case? Also, as best you know, what would be your guess on the total number of employees? (i.e. are we talking about a "Mom and Pop" business or a large corporation). Thanks!
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Customer reply replied 9 years ago

CRH is the parent conpany - more thatn 80,000 employees. Revenue of 24.4 billion in 2006. North american diviosons 6,500 employees. Our division ~1800 and ~240 million. Parent company located in Ireland. Purchased us ~2 years ago.

 

Hostile, story told to me by my boss about a former employee at a formaer job that he had to take out back. Wife just reminded me that he said that to me while I was in a wheelchair. (if I highlighted every violationin the code of conduct manual I would run out of ink....) My group had to remove sexulally explicit photos from my boses laptop. Lots more if we go further. Lots more items that are important to me but not as clear cut.

Lawyer: LawHelpNow, Attorney/Lawyer replied 9 years ago
Incredible. I'm basically speechless, but let me summarize by simply stating you have outlined one of the strongest EEOC cases I've ever heard of. Good luck with filing your charge, and I truly hope all works out for you. If I can do anything else, please just say the word. Take care and thanks again for using our service. It has been a pleasure.
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