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  1. #1
    Join Date
    Aug 2017
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    8

    Default Can You Get Unemployment if You Quit Over Your Treatment at Work

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

    Can you get unemployment if you quit because you feel that you are harassed and discriminated against? Also my reasoning for quitting because I was demoted at no fault of my own

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,106

    Default Re: Am I eligible for Unemployment Benefits if I Quit but Felt Harassed and Discrimin

    Not even remotely enough information to say for sure but the odds are pretty good at No.

  3. #3
    Join Date
    Aug 2017
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    8

    Default Re: Am I eligible for Unemployment Benefits if I Quit but Felt Harassed and Discrimin

    I was in a confrontation with a person at the restaurant that I work at because this person thought that I was taking food from her but I was just walking by. My general manager decided to demote me and take my seniority away because of that. I was told to give some time to think about it and come back but I rather not come back by the way I was treated and harassed there daily from the general manager. The general manager would get at me for everything even if I had nothing to do with it and has even said in the past that he wanted to get rid of me but had no reason to before.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Am I eligible for Unemployment Benefits if I Quit but Felt Harassed and Discrimin

    No. You will not get unemployment if you quit.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,145

    Default Re: Am I eligible for Unemployment Benefits if I Quit but Felt Harassed and Discrimin

    Agreed that you will not get unemployment since your confrontation with "a person" (customer, another employee???) gave the manager good cause to discipline you. You admit that you gave him a reason honestly.

  6. #6
    Join Date
    Mar 2012
    Posts
    1,336

    Default Re: Am I eligible for Unemployment Benefits if I Quit but Felt Harassed and Discrimin

    Quote Quoting Mkk7230
    View Post
    My general manager decided to demote me and take my seniority away because of that.
    I disagree that UI is out of the question. Not a slam dunk unless you tell things right, but being demoted does provide good cause to quit. However, the burden is on you. Can you prove what the demotion was going to be. Can you prove that you told the employer, "I don't want to be demoted. Put me back to where I was before." Then only after you were told, "no," did you quit. Just how significant is the demotion? What does losing your seniority cost you?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Am I eligible for Unemployment Benefits if I Quit but Felt Harassed and Discrimin

    Since when does the employee have the authority to tell the employer not to demote him? Particularly after a self-described confrontation?

  8. #8
    Join Date
    Mar 2012
    Posts
    1,336

    Default Re: Am I eligible for Unemployment Benefits if I Quit but Felt Harassed and Discrimin

    This is what she says, "thought that I was taking food from her but I was just walking by." For all we know, that means that the other person was doing all the yelling, and she was just taking the abuse. I'm not sure that rises to the level of misconduct that would justify the employer being able to fire the claimant and avoid a UI claim, and on the flip side being able to offer a demotion as a substitute since the underlying cause would have been disqualifying.

    As to the "tell the employer . . ," that's part of a the good cause quit. You have to give the employer an opportunity to fix the problem. Will the employer put things back the way they were, I doubt it, but the claimant will be asked what they did, and if they say, "nothing," they'll get denied.

  9. #9
    Join Date
    Jul 2010
    Posts
    7,657

    Default Re: Am I eligible for Unemployment Benefits if I Quit but Felt Harassed and Discrimin

    There is a WORLD of difference between "I'm demoting you for no reason cause I can" and "I'm demoting you as a disciplinary act". It has nothing to do with whether the employer could have fired them and they would get UI. They QUIT because of disciplinary action that was taken against them, which the employer is free to levy as they see fit as long as it is not discriminatory.

  10. #10
    Join Date
    Mar 2012
    Posts
    1,336

    Default Re: Am I eligible for Unemployment Benefits if I Quit but Felt Harassed and Discrimin

    Quote Quoting free9man
    View Post
    They QUIT because of disciplinary action that was taken against them,
    If the claimant choses to quit, the claimant will be saying that it was because of the demotion. The employer will have to say the demotion was discipline and then have the burden of proving what the claimant did and that it rose to the level of misconduct.

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