FileUnemployment

Harassment at the Workplace? 3 Tips to Come Out of It

Updated : September 18th, 2019

Harassment_at_the_Workplace

Most Americans decide to leave their jobs due to one or the other form of harassment meted out in the workplace. Toxic work environments affect people psychologically and their performance, making it an all-round bad experience for the employees. 

A study showed that nearly 60 percent of employees have quit or are on the verge of quitting their jobs because of the workplace harassment they face. There are many types of harassment that one may experience – racial, sexual, religious, ethnic, age-based, disability-based, bullying, or employers holding personal grudges against the applicants. 

This, however, gets complicated when one quits and applies for UI Benefits. The state unemployment benefits department has two major challenges.

The two biggest challenges that an applicant will face are:

  • The onus of proving that the harassment has taken place will be on the applicant
  • The applicant’s word will not be taken as final. If the employer contests the claim of the applicant, the applicant might end up losing the UI benefits if he/she does not have legitimate proofs

What Constitutes Harassment?

It is important for people to understand that you may not get along with your employer and this does not constitute harassment. Employers are not obligated to make you feel at home or make you get along with themselves or others. 

If you quit your job because you could not get along with your manager, your resignation will be considered as ‘voluntary’, and you will not qualify for UI benefits. 

For any case to be considered as harassment, the applicant must be treated unfairly based on factors that are beyond the employee’s performance or behavior. 

Some of the instances that are considered as harassment include:

  • Your work environment made hostile due to your gender, sexual orientation, race, religious affiliation, age, disability or due to personal enmity
  • Your work environment made hostile because you brought to light a criminal activity, health hazard, or discrimination faced by someone else either to your manager or to the police
  • You were ‘constructively discharged’ by your employer. Constructive discharge is when an employee is forced to quit due to the discrimination meted out against him/her 

How to Prove Your Claim?

There are some important steps you need to follow to make sure that you have sufficient evidence for your claims. 

Show that you tried to solve the issue: First and foremost, any state UI department will see if you have made any efforts in trying to solve the issue within the organization. You need to furnish proof that you have amply communicated with your manager about your issue. You need to show that you did not leave your job at the first sight of the problem, but instead, you tried to solve it but found no success.

File formal complaints: File formal complaints while you are still employed if you cannot solve the issue by yourself. Either file a complaint with a higher authority in your organization or you can also file a complaint with the ‘Equal Employment Opportunity Commission (EEOC)’. You can also file a complaint with your state or local government authorities like the police, or the Human Rights Division of your state. 

Documentation of your complaints: Make sure that all your communication about your issue is well documented. Communicating through emails is one of the smarter things to do while connecting with your manager. If you submitted a handwritten complaint, make sure to keep a photocopy of your submission. Keep the copies of complaints that you filed with the local government agencies or with the EEOC. 

This will form a major piece of evidence to showcase that you went through harassment and you tried to find a solution by informing the respective authorities. Such documented evidence will be the difference between your word and your employer’s word.

If you are left with no other option but to quit your job, you have arrived in the right place. Check out FileUnemployment.org to know more about filing for UI benefits in your state. 

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  1. I work for a church pre school program and I have lost my job due to coronavirus. When I applied for unemployment in Texas it says that two does not except this employer as my last employer. I’ve been working there for 13 years. What do I do?

  2. Chad ….. how do I get thru when it wont accept my ID or my password. I change it 5 times and it still wont work. Calling is not working at any time when I spend and whole day calling back to back to get thru. why don’t they just help or force the employers ( company) to place they claims in for their workers like GM did……I NEED HELP…PLEASE.

    1. Chad,

      We understand this might be a difficult time for you. We’re anticipating a shortage of staff across unemployment offices due to the massive surge in UI applications considering the pandemic. We advise against calling or visiting the office, as you may not get a response instantly.

      Your state may have activated “Extended Benefits (EB)” authorized by the federal government. We recommend you apply for UI benefits online. For more information, please visit your state’s official Unemployment website.

  3. i live in ga…all the day cares have shut down my wife and i have full time jobs,,,but i have to leave my company which i have been there for over two years,to take care of our child….can i still collect unemployment…this covid virus is why i have to leave my job…

    1. Gary,

      We understand this might be a difficult time for you. We’re anticipating a shortage of staff across unemployment offices due to the massive surge in UI applications considering the pandemic. We advise against calling or visiting the office, as you may not get a response instantly.

      Your state may have activated “Extended Benefits (EB)” authorized by the federal government. We recommend you apply for UI benefits online. For more information, please visit your state’s official Unemployment website.

  4. are you kidding me my son lost his job on 10/17/2020 hes mentally challenged and cant file on his own because he doesn’t know how so I started going to sites trying to file for him and the residence inn Marriott promised to help him and have done zip . ive tried 10 different sites and I keep getting dropped wen I complete forms and push submit. 12 days now n still cant file a claim.

    1. Martin,

      There’s only one website you should be trying from. Please let us know your state and we’ll share the website information.

  5. I have submitted my forms EXACTLY as I was instructed too on line. Even though I have filled out the paperwork correctly I keep getting emails asking for me to fill out the form that I have done multiple times already. Remuneration – Claimant Questionnaire is the issue. I got online and requested a phone call. 3 days ago. I just need to know that you guys received everything and I don’t owe any more information.
    Nobody answers the 617-626-6800 number. Just get directed to the internet. Well, you can’t speak with the internet. I am getting mixed messages and I fret that this will delay any benefits.
    Could someone please give me a call.

    1. James,

      Please try finding answers online since there might be limited phone support due to the shortage of staffing. This is a private forum and we’ll not be able to arrange a callback.

  6. I work for a church that has grown it’s congregation over almost 40 years and we now have 26 mostly full time employees, most being here many years. Will our employees be able to file and receive benefits since we are an EXEMPT from paying unemployment industry? State of Florida

  7. My unemployment benefits ran out 3/1/2020 am I able to file for extended benefits ? I live in California and am 62 years old.

    1. Ariana,

      We understand this might be a difficult time for you. We’re anticipating a shortage of staff across unemployment offices due to the massive surge in UI applications considering the pandemic. We advise against calling or visiting the office, as you may not get a response instantly.

      Your state may have activated “Extended Benefits (EB)” authorized by the federal government. We recommend you apply for UI benefits online. For more information, please visit your state’s official Unemployment website.

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