My employer laid me off , I filed for UE, now they say I quit and they are fighting my unemployment can I win?

Question

About 2 months after working at this restaurant, I was involved in an argument with a male co-worker who had been harssing me from day one in a sexual manor. I am not of that sexual orientation and did not appreciate it. Two days later, the owner of the restaurant called me and informed me that the new schedule had gone up and I was not on it, but not to be upset. I came to work that day and was told that I was being layed off, and would not be needed for 3-4 weeks. I was also told I would recieve a call when work was available. I was the only employee out of 20 or so servers getting "laid off". I was very upset at the sittuation and informed my manager that I wanted the rest of the night off, but to please call me as soon as possible when work was available. I felt punched in the stomach as I have a family to support and was looking no work in the face. I also thought there was a little bit of a coincodence between the argument with the coworker and my being "laid off". This was about 4 months ago and I tried to find work instead of going on UE, but was unsucessful. I still haven't heard a word from my employer, so I recently filed an UE claim. I recieved a phone call fron the New York S tate UE office today. My claim is frozen because the employer said I quit and refuse to pay UE benefits. I have read some things online saying I should get a lawyer, but I don't know what to do. I will have to go to a hearing, but have no Idea if I will win, as it is their word against mine. And all the while I am struggling financialy....If anyone can help or give me some advice I would appreciate it...Thanks!

Answer 1

BTE, you have six months to file a sexual harrassment claim.

Answer 2

You don't need a lawyer - but it may be hard to prove your side of the story - go to the hearing.

Answer 3

did anyone witness the supervisor's inappropriate conduct? has another employee had similar experience with this person?  did you ever make any complaint about the harassment to anyone?  what result? if you didn't make a complaint when you were being harassed, why not?  any witness or evidence of proceeding could confirm your side of events. otherwise whether or not the hearing officer believes you will depend on your personal credibility and how believable he finds your story. my guess is that your prior employment history may be considered as well to see if you are prone to quitting jobs easily, etc.  i'm not certain if you are within the time limits to file a sexual harassment claim and possible retaliation charges with the equal employment opportunity commission.  act immediately if you want to consider that option.

Answer 4

i would go to the hearing . tell your side . you and your boss knows the real truth.

Answer 5

ahh, good old UE and there stupid technicalities. the employer is probably going to argue that you quit because you asked for the night off instead of finishing your duties for the night. go in without a lawyer and try and fight it yourself. it will be your word against his though. i would bring up the sexual harassment, maybe you can play their game and make them look bad for laying you off after you complained about the harassment. best wishes  

Answer 6

Go to the hearing, but be prepared to change the focus to "sexual discrimination and harassment".

It is likely if you can force the issue of the sexual harassment, they will be more than happy to back off on the unemployment issue. Unemployment would cost them a few dollars, but a sexual harassment and discrimination settlement would cost them potentially millions.

You will need a lawyer to represent you if the hearing does not go well, but it would be worth it - they will likely choose to be smart and allow the unemployment to go forward at once.