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Unemployment Benefits Question: Hostile Work Environment
In August I resigned from my retail job due to a hostile work environment created by my 2 bosses.
I was the only FT employee there and my Asst. Managers wouldn't talk to me for days, would change my work schedule without consulting me, and spent tons of time in the stock room gossiping, tweeting, texting and surfing the net while leaving me alone often for hours in the front of the store to provide customer service, cover the register and tidy up.
I decided to blow the whistle on my managers. I consulted my employee handbook which told me that retaliation was forbidden and would be punished. I had a meeting with our Operations Manager and she refused to address my complaints (despite my documented evidence of their misconduct) and instead turned the tables and accused me of being a bad employee. She claimed the managers told her that I was rude to clients, ignored clients and made constant errors on the register. She had not 1 piece of concrete proof to back things up. Besides, if I had done all these misdeeds, why didn't the managers address the problems immediately? Simple answer: they never happened! In fact, I received a glowing performance review a month before I was reprimanded. To me, this is obvious retaliation.
In no time I realized that I was without allies in management at any level. The stress and isolation of working there compelled me to seek psychotherapy and was a strain on my marriage.
Yesterday I saw a friend of mine who works in the same mall where I had this job. After telling him my story he urged me to submit a claim for unemployment benefits on the grounds of my resignation due to a hostile work environment. Does anyone have experience with this kind of benefits claim? What do you think my chances of success are?
TIA!
Re: Unemployment Benefits Question: Hostile Work Environment
If you have proof that your managers behaved like this (and your performance review that was good), then you may have a chance. And if not, it doesn't cost anything to file for unemployment. They may do a hearing, but you can go on a conference call for that if you don't want to go to the office or courthouse where they'd normally have the meeting. The worst that's gonna happen is that they say "no."
**Edit: This will only work if you don't have a job yet.
This does not sound like a Hostile Work Environment as defined by the law. You can see more here: http://www.fcc.gov/encyclopedia/understanding-workplace-harassment-fcc-staff. In fact, take a close look at the "What is Not Harassment" section.
That being said - it doesn't hurt to apply for unemployment if you are still within the timeline to apply. It is very hard for an employer to win based on performance. Usually they have to have some kind of proof you were warned continued behavior would lead to termination.
Depending on where you work, your job may or may not have its own policy on hostile work environment. You'll have to look around.
This does not sound like a hostile work environment as defined by federal law, but I'd look at the laws of my particular state. You may not be found to be entitled to unemployment benefits, but I don't think it hurts to apply.
You are using very significant terms "Hostile Work Environment", "Whistle Blowing" and "Retaliation" that all have either a legal definition, or, if spelled out, a workplace policy in your handbook that spells out EXACTLY what falls under it. Hostile Work Environment is not the same as "Difficult place to work, with challenging and annoying bosses and coworkers".
If there is a policy in your handbook that spells out what the grounds for hostile work environment is, and you fall under it (would be surprising if the policy isn't linked specifically to the behavior being a direct relationship to your race, gender, or other protected class, but you'd have to read your policy to be sure).
But, ultimately, your State may not care about why you quit, and your former company may have to be in a position to approve your benefits. Ultimately, the State Unemployment Office isn't going to interpret your policies and make a decision based on your opinion alone. If you want benefits, and you want to use the legal terms like you did above, you may have to work with an attorney.
Good luck...