I got a call from dept of labor

Blessing1

Mon, Nov 23 2020, 8:32 pm

amother [ Lime ] wrote:

Actually, yes, she is alleging that they engaged in some sort of behavior that created a hostile work environment that forced her to quit.

But its either name them or give back the funds that you were not entitled to because you quit your job.

OP, again, I really suggest that you google and talk to someone who does these things. Not answering is not possible.

Naming them won't effect them. But I think OP should ask a sheila about what she should do in this case.

watergirl

Mon, Nov 23 2020, 8:40 pm

amother [ OP ] wrote:

But it was during corona

I’m sorry, I know this is confusing and not what you want to hear, but it sounds like somebody might have given you bad advice. You’re not eligible for unemployment if you leave a job because you don't like the atmosphere, pandemic or not. Did you create a paper trail while you were at the job to try to remedy the situation at work so that you could keep the job? If so, do you have proof?

A lot of people were opportunists and thought they could get free money during Covid via unemployment. Many other people followed the example of said opportunists without realizing they were in the wrong. If you received money that you were not eligible to receive for a time period, you do have to give that back. They can come after you if you do not cooperate.

This really is beyond all of our pay grades. You need to bring this question to a professional who specializes in this area. I am sure there are some people in your community. You need to get real legal advice.

amother

Coral

Mon, Nov 23 2020, 8:54 pm

amother [ OP ] wrote:

I told them I didn't like the atmosphere at my job they want details names of people that weren't nice to me I said why is that necessary she said if you don't tell me you will have to pay back the state 3K $$

Well if you were honest, what’s the problem ?
Would you have left if there weren’t big bucks from unemployment?

They’ll be comin after all of ya.
Did you all think you’ll get away with it?
Hundreds(!) of girls and bochurim thought they got a windfall.
Mind blowing. The chillul regarding this issue is just beginning.

Obviously I don’t mean the people that legitimately lost work because of covid.

Fave

Mon, Nov 23 2020, 9:44 pm

As an employer’s rep, I always disputed unfounded unemployment claims (in cases when the employee wasn’t fired). Otherwise, the company’s UI rate would increase for no reason.

Unemployment Insurance is not free money, and shouldn’t be treated as such. If someone legitimately feels that they have an employment harassment case, then they should carefully document your case before quitting (Complaint emails to HR describing incident etc.) that you can use as evidence in their unemployment claim.

Op’s previous employee is probably disputing her claim, and if they pursue their dispute the Labor Dept. might share with them the details that OP will provide.

amother

Babyblue

Mon, Nov 23 2020, 9:45 pm

In general you can't collect unemployment if you quit a job.

Asking seriously why you thought you could quit and claim unemployment.

There is a very narrow exception if you quit for "good cause" but that is limited to issues where you have serious workplace issues - either physical or mental.

Your statement that you didn't like the atmosphere is probably not sufficient reason. Heck, if people were allowed to quit because they just didn't like their jobs - their co-workers - or the "atmosphere", most people would quit their jobs.

But if you want to continue your claim because you feel that the workplace conditions were such that a "reasonable person" would find them to be intolerable, you have to comply with all requests in a timely manner. If you don't respond, you would automatically lose and would be billed in some manner for the overpayment. I don't know how unemployment collects overpayments but I am sure they have an efficient mechanism that will catch up with you at some point because government is generally relentless even if not efficient. My father died in 2017 and the IRS is still diddling around with a potential tax refund of about $500 - not that I am holding my breath Very Happy

The "reasonable person" standard is one that is generally used to judge whether actions were "reasonable"

amother

Mon, Nov 23 2020, 9:47 pm

amother [ Babyblue ] wrote:

The "reasonable person" standard is one that is generally used to judge whether actions were "reasonable"

You could claim unemployment if your looking for a job and your ready willing and able to work.

amother

Navy

Mon, Nov 23 2020, 9:53 pm

amother [ OP ] wrote:

You could claim unemployment if your looking for a job and your ready willing and able to work.

I don't think so. I've been unemployed a a long, long time and cannot claim, no matter how many jobs I've applied to. That's not how this works.

Amarante

Mon, Nov 23 2020, 9:54 pm

Looking for a job is an additional requirement if you are collecting unemployment. It is not a way to collect unemployment if you are not eligible.

Of course there were some easing of requirements during the pandemic but OP has not indicated that quitting her job had anything to do with any of those but solely because she didn't like the atmosphere.

Without knowing exactly what the issues are, no one can say one way or the other. But in order for her to be eligible she is going to have to be specific as to exactly constituted those issues.

amother

Lime

Mon, Nov 23 2020, 9:54 pm

Blessing1 wrote:

Naming them won't effect them. But I think OP should ask a sheila about what she should do in this case.

It could.

The employer who is responsible for the unemployment may be asked to reply to her allegations. So they go back and say that OP says she quit because coworkers s-xually harassed her; employer looks into it and finds it credible. Coworkers may get fired.

Blessing1

Mon, Nov 23 2020, 9:57 pm

amother [ Navy ] wrote:

I don't think so. I've been unemployed a a long, long time and cannot claim, no matter how many jobs I've applied to. That's not how this works.

I think you can only claim for 3 months if the excuse for unemployment is that you're looking for a job. You can't get unemployment for years claiming that you're looking for a job for years.

amother

Babyblue

Mon, Nov 23 2020, 9:57 pm

amother [ Lime ] wrote:

I have no idea why people would want to protect those who are engaged in bad actions. Someone who is s-xually harassing other workers to the level where they must quit their jobs DESERVE to get the consequences of their bad actions.

Taken to the logical conclusion, OP shouldn't file for unemployment at all since it costs the employer money since their payment into the insurance fund will be raised.

Blessing1

Mon, Nov 23 2020, 9:57 pm

amother [ Lime ] wrote:

So I think OP really needs to ask a Rav about what to do in this situation.
OP wasn't s-xually harassed. She quit because she didn't like the atmosphere.

Last edited by Blessing1 on Mon, Nov 23 2020, 10:01 pm; edited 1 time in total

Blessing1

Mon, Nov 23 2020, 9:58 pm

amother [ Babyblue ] wrote:

OP didn't say she was s-xually harassed. She said she didn't like the atmosphere of that place.

amother

Babyblue

Mon, Nov 23 2020, 10:02 pm

Blessing1 wrote:

OP didn't say she was s-xually harassed. She said she didn't like the atmosphere of that place.

I didn't say that - someone else did when they posited that people could be fired if the boss investigated and found s-xual harassment.

Whatever the issue is, she needs to provide an affidavit as to what the "atmosphere" was exactly.

And if the atmosphere is so poisonous that a nice person can't work there and is forced to choose between income and their mental health, why should they be protected?

Blessing1

Mon, Nov 23 2020, 10:05 pm

amother [ Babyblue ] wrote:

Who said it's a poisonous atmosphere?
She doesn't like the atmosphere doesn’t necessarily
mean that the people did anything wrong, just not everyone can handle every type of work environment. Not everyone is cut out for every job.

amother

Slategray

Mon, Nov 23 2020, 10:08 pm

As far as I know quitting for not liking the atmosphere is no reason to collect unemployment. I am. Not surprised they want their money back. Also don't u need to be at a job for a certain amount of time before claiming? Seems you were there for very short