(Maryland)
I have been at my present job for one year and I am beginning to get harassed. Background of the company; Privately owned company in MD, since my arrival there have been 11 people who have either quit or been fired. One young lady was fired because she refused to wear a girdle another was fired because “she was going to the doctor’s office to much and refused to tell the boss what her illness was. The owner of the company has two of her grand daughters working their (in high paying positions as well as her best friend’s daughter, mind you neither of them are qualified for any position in the company.
If the owner decides to pick on you, for whatever reason, you know that your time is limited. There have been several lawsuits filed against the company because of the harassment: of course I didn’t know any of this before I came aboard.
My supervisor has told deliberate lies about me to the owner (and of course she believes the lies because she is the daughter of her best friend).
I have begun to document every instance that occurs but in the long run won’t it still be my word against theirs.
I have recently been diagnosed with an illness that requires me to see my physician at least once a week, but in no way has it affected my ability to do my job.
I can’t afford to lose or quit my job at this time and I am actively looking for another job.
What are my options if I quit? Will I be penalized for quitting?
Hi,
You can find the voluntary leaving disqualification for Maryland here.
It’s says ..
If a claimant voluntarily quits his employment without good cause or valid circumstances, the claimant will be disqualified from receiving benefits until he becomes reemployed, earns at least 15 times his weekly benefit amount in covered employment, thereafter becomes unemployed through no fault of his own, and meets the other requirements of the law.
The disqualification is fairly typical, although the earning requirement is a bit stiffer than most states.
“Since my arrival there have been 11 people who have either quit or been fired.”
I don’t see how this is relevant to you getting unemployment benefits if you quit. I’m not trying too upset you, but get you to focus on yourself. How have you been personally harassed of late? And how are you documenting the harassment?
“I have recently been diagnosed with an illness that requires me to see my physician at least once a week, but in no way has it affected my ability to do my job.”
How many employees? I want to know if you’re eligible for an FML (family medical leave). Even if you only need to go to the Dr. once a week, you may be eligible (if the employer complies with law) if there is 50 employees or more.
Regardless, medical documentation and Dr. notes each time would be necessary to rebut and cover yourself from “attendance issues” becoming work misconduct for a discharge for unacceptable attendance (DCUA).
“I can’t afford to lose or quit my job at this time and I am actively looking for another job.”
Then for goodness sake, don’t quit if you think the axe may fall for something not rising to what misconduct is .. because you can rebut with proof showing otherwise.
I get it .. the idea of protecting a resume and not having to tell an interviewer you were involuntarily terminated from your last job, but the fear of losing a job (paycheck) prevents people from taking the necessary actions to fulfill a burden for quitting and rebutting the one for a discharge .. which must be proven to be for misconduct.
Being fired, shifts the burden of proof to the employer and off your shoulders. If an employer is given to unethical behavior, you had better be on your toes while you still have a job to gather the proof to show them full of ….. you know what. It works the same way in reverse when an employer has to get rid of a slithering snake employee.
You just need to keep documenting to prove you’re trying to keep your job and the supervisor, or the owner, or the best friend .. or whatever relative is untruthful, unreasonable, and even arbitrary when it comes to enforcing rules.
Or, maybe I should ask if you think your harassment may actually also be what lawsuits are made of ..discrimination due to any protected class you may belong to, or involvement in a protected activity.
In that case .. you might think about putting your employer on notice while you’re still an employee. Employee rights work better when you try to exercise them as an employee .. not an unemployed person.