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  1. #11
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Manager Harrassment After Returning from Disb/FMLA

    The fact that you quit is going make it close to impossible to win a contested appeal. Your one defense would have been that you were being harassed but you negated that when you didn't take steps to protect your employment. First by not following up with HR and then by not taking the opportunity when HR called to keep your job and talk to them about the problems you felt you were having at work.

  2. #12
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Manager Harrassment After Returning from Disb/FMLA

    If you faxed in your timely request for an unemployment appeal of their initial decision to deny benefits, it will take a few days for them to get back to you, scheduling a hearing at which you and the employer both will be present and you will have an opportunity to appeal the decision. It is quite difficult to be approved for unemployment insurance if you quit a job. In order to be approved, you need to show that you had exhausted all reasonable alternatives to quitting. And frankly, from what you're telling us, it appears there was quite a bit of extreme sensitivity and a bit of overreaction on your part. It will be hard to demonstrate you tried everything you could to remedy the situation before quitting.

    Allowing enough time for the HR person to return from her vacation and respond to your request for a talk with her would have been quite reasonable. You may have had a valid issue to discuss with her, in that you feel that your supervisor was angry with you for being out on FMLA leave, had mentioned several times how much of a problem it was for them that you were out, and that she was treating you in a critical or hostile manner. If there was a feeling that you were being treated differently than before since you had returned from your FMLA, in a negative way, of course, that is something you might have been able to work out with HR and your supervisor before jumping off onto a voluntary quit.

    After nine years, it's sort of preemptive to quit your job because your boss got onto you for doing something that was, whatever the reason, not what she wanted done. Perhaps it was a bit inappropriate for her to grab your mouse out of your hand. Perhaps she was acting ugly with you because of your absence. But it is probably not something that you gave the business an opportunity to fix. You were not in danger, not really attacked, it was not really something major enough that you had to walk out on the spot to protect yourself, from what I'm seeing here.

    Go into the hearing and explain that you feel you had a valid, job related reason to quit the job. Explain what has happened since you returned from FMLA. Explain your effort to contact HR. Take all the references to "slander" and such out of your recital. It isn't what you're describing and it weakens your case to use too much hyperbole. Since you were returning from FMLA, it's not a bad idea to stress that you are fully recovered and ready to jump back into doing your best as you always have. Do not try to suggest that you were still not ready, able and available to do the job due to any lingering medical fragility.

    Keep making your weekly certifications for unemployment insurance as the weeks pass. If you are approved for benefits at some later date, you'd only be back paid for weeks that you had certified for. Polish up the resume, as suggested.

  3. #13
    Join Date
    May 2018
    Posts
    4

    Default Re: Manager Harrassment After Returning from Disb/FMLA

    Thank you. I appreciate you taking the time to tell me all this. This is very helpful.
    Have a good evening.

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