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  1. #1
    Join Date
    Jul 2015
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    15

    Default Can You Get Unemployment if You Quit Due to Mistreatment by Co-Workers

    My question involves labor and employment law for the state of: New York

    My question is wether or not I would be eligible for unemployment after leaving a job.
    Or, I suppose if the reasons for leaving would be considered a "good reason" as required by the NYS UI

    My reasons for leaving are as follows:

    I have on several occasions been harassed by my employer for my weight. More often than not this has been in front of co-workers. My employer has also made comments about my size to my fellow coworkers without me present. I feel this leads to a lack of respect from my co-workers and makes for a very difficult and embarrassing work environment. I am a man but I feel that if I were to make these comments to my fellow female co-workers I would have a serious issue on my hands.

    And secondly I receive a salary and according to the department of labor (whom i called and asked) I am not supposed to be receiving salary pay. I work a minimum 50 hour week and only get paid for 40.
    I asked for a raise and I was told that my work load would just increase.

    I need a new job and I am looking for one, however I don't think I can work another week in this place.

    Any input would be appreciated.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Would I Be Eligible for Unemployment While Looking for New Work

    Sorry, but I think it highly unlikely that this would be considered good cause to quit and get benefits. Weight is not a protected characteristic in NY so comments made in that regards are not protected (regardless of whether you are a man or a woman).

    I'd want more information on the pay issue before addressing that. Non-exempt employees can legally be paid on a salaried basis if it is done correctly.

    Your employer may legally increase your work load with or without a raise.

    The standard to quit and still get unemployment is very high. The only thing you've mentioned that even MIGHT be sufficient is the pay issue and that's questionable at best. It does sound like a lousy place to work but that doesn't mean you can quit and get unemployment.

  3. #3
    Join Date
    Jun 2015
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    988

    Default Re: Would I Be Eligible for Unemployment While Looking for New Work

    Suggest you post more details about your job, less names of course....there might be something to your pay issues.

    Weight is not a protected point ..and while it may not seem fair, it's there as a problem re health and performance or the perception of performance ....

  4. #4
    Join Date
    Jul 2015
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    15

    Default Re: Would I Be Eligible for Unemployment While Looking for New Work

    Quote Quoting HRinDEVON
    View Post
    Suggest you post more details about your job, less names of course....there might be something to your pay issues.

    Weight is not a protected point ..and while it may not seem fair, it's there as a problem re health and performance or the perception of performance ....

    I began my job in 2014 and was offered a salary pay and my hours were kept around 40 maybe a little higher.
    I receive a set pay per week and if the business decides to close its doors for a period of time IE. for a holiday weekend I do not get paid for the days I do not work.

    For example: If i work 5 days I get paid for 5 days.
    If I work only 3 days because the business decides to close the doors (not due to illness or other reason on my part) I only get paid for the three days. If i work 6-7 days I only get paid for 5 days.

    Now it is mandatory for everyone on salary to work a minimum 50 hour week. some weeks I may work hours in the 60's. When I sat down and broke down my pay I realized I was getting under 12/hr and started to think hard about it.
    It wasn't until I saw the Obama stuff online about raising the overtime limit and exemptions that I started to wonder if I was indeed due overtime.

    I called the department of labor standards and explained my situation and they told me that it was unlawful for my employer to pay me salary since I did not fit into any of the criteria. I am not a manager, i am not in a job that requires a degree and i am not administrative.

    Two instances were brought up to my employer about overtime/hourly wages.

    At one point an employe told the owners that it was unlawful for us to be paid salary. The owners got extremely angry and told them they were a "horrible person" and screamed at them for not caring about the business. That employe was soon gone.

    Another time an employee asked the owner to be put on hourly and the owner simply said "then I will cut your hours and pay you less money".

    I asked myself to be put on hourly and the request was ignored completely and the next day my hours actually increased per week.

  5. #5
    Join Date
    Jun 2015
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    988

    Default Re: Would I Be Eligible for Unemployment While Looking for New Work

    Long story short...The default condition is NONexempt ....and while the law is full of exceptions, if you are not properly classified as exempt, you are likely to prevail on a whopping amount of OT owed you....so sort out the steps and get started with a complaint to appropriate agency PRONTO.

    As an aside... I think there are low odds to prevail on an UC claim because you quit due to being ridiculed for being fat.........on the other hand if you get fired linked to reprisal for having filed a wage complaint I think your odds are very high to prevail...

  6. #6
    Join Date
    Dec 2009
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    Lake Chapala
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    3,043

    Default Re: Would I Be Eligible for Unemployment While Looking for New Work

    OK OP, don't quit yet, we can probably help you but first we need to know whether your job is exempt or non-exempt. Do determine that we need to know what your job actually does. What is your job title and you're main responsibilities (the two or three that take up the majority of your time)? Thanks.

  7. #7
    Join Date
    Jul 2015
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    15

    Default Re: Can You Get Unemployment if You Quit Due to Mistreatment by Co-Workers

    Thank you for the responses.

    It's hard to say what my job title is, or what I do in a given day since it constantly changes. I'll do my best.

    I am, at best, a line cook. I work in a restaurant that also has a small market area located inside of the restaurant.

    Initially I was hired to make artisanal line items like pickles for the market. My experience as a cook however has me moving all over.
    Some days I work lunch, helping plate food. Some days I work a dinner shift. Preparing my stations items and cooking them to order.
    Sometimes if I'm needed too ill help wash dishes.

    I probably do what I was originally hired to do maybe 15% of the week. My schedule constantly shifts and changes due to where they need me. For example I'm typically off Monday and Tuesday. I got a call Sunday night saying I need to work Tuesday. Then I got a call Monday night saying I'm off Tuesday. It's just a complete train wreck of management.

    Only 4 cooks work the dinner shift so if one needs off, I cover.
    Same with lunch.

    I'm essentially a floater. The owner referred to me as a "shit magnet". I deal with the stuff they need done.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can You Get Unemployment if You Quit Due to Mistreatment by Co-Workers

    I would say that definitely qualifies as a non-exempt position for which overtime is due. I don't question at all that you have a legitimate wage claim which you can certainly file. However, I am still not convinced that this is enough to guarantee you unemployment benefits if you quit.

  9. #9
    Join Date
    Jul 2015
    Posts
    15

    Default Re: Can You Get Unemployment if You Quit Due to Mistreatment by Co-Workers

    I've decided to not quit. I will require hourly pay and bring up my non exempt status to the owners. The ball will be in there court. But I assume they'll fire me for rocking the boat.

  10. #10
    Join Date
    Jun 2015
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    988

    Default Re: Can You Get Unemployment if You Quit Due to Mistreatment by Co-Workers

    I agree...

    1. File the appropriate written wage complaint post haste with relevant NY authorities ..You have good odds to collect a lot of OT.

    2. Do not quit....being called the "sxxx magnet" and ridiculed for being fat may have louse odds at prevailing as to UC claim benefits

    - - - Updated - - -

    Seriously...keep you mouth SHUT until many months AFTER you have filed a written wage complaint with NY authorities.......

    If you merely sound off internally you could easily get fired for cause over some obscure rule/policy you violated and have ultra weak point as to a retaliatory firing.

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