Chances of Winning Unemployment Appeal

[Utopmk]

Chances of Winning Unemployment Appeal?
What is the name of your state (only U.S. law)? Oklahoma

Originally, my unemployment claim was denied based on a resignation paper I wrote and signed, prior to what I believed to be certain termination. Since then I appealed the Unemployment Rep's decision, and have a telephone hearing scheduled in the near future.

I appealed on the grounds that my work enviroment was hostile, and that it was in retalliation of my complaining to an HR manager in writing, which I have faxed to the appeal tribunal. I was told it would be better to resign, so I would be eligible for rehire, and so it wouldn't be job abandonment. The reason I was to be terminated was for attendance issues.

This is how the attendance policy worked. You receive a quarter point for each late. I had 1 more quarter point before I would be terminated, on my last day, I was technically late. However, only by 4 minutes. (note I received a late for 4 minutes the previous day which resulted in a quarter point) However, I was in the building and in my seat on this very day, and even swiped in at the door with my badge 15 minutes early...however you are unable to log in to your time card until a computer fully loads. It can take up to ten minutes to find an available seat, and up to ten minutes to load a computer if it is powered off, which mine was.

I spoke to a supervisor about my resigning in lieu of termination, and gave them ample time to tell me I wouldn't be terminated, however no one did.

My employer told the Unemployment Rep. that I quit voluntarily, and was at no risk of losing my job. However, the evidence they submitted showed that they documented that 4.00 minute late, and put an "exclude" next to it, before faxing it off to the unemployment office. I used that document as evidence to my claim, noting that there was an "EXCLUDE" next to that late for 4.00 minutes, but not for the prior day that was 4.00 minutes.

This was 2 days after I complained to HR that I was being harassed and belittled by my boss.

I believe I was tricked into quitting.


You guys think I have a chance?

Thanks,

Utopmk




Additional information:

An employer is considered to have discharged an employee if the employer intentionally made or allowed the employee's working conditions to become so intolerable that a reasonable person in the employee's situation would feel that [he/she] had no choice but to quit.

I found that in cited at an Oklahoma Law site. I believe that my attendance points were no fault of my own, and I was pressured to quit.

On my last day, I was in the building, and my badge was swiped...as I said. It takes up to ten minutes for a computer to load at this particular call center. If I am sitting down waiting for a computer to load, then I am technically at work. One should not expect an employee to be overly early, when not being paid for that...right?

I was late at times, but the ones that resulted in my discharge were no fault of my own.

 

[mlane58]

Nothing you have posted suggests that there was a hostile work environment. You left out the part in the section from Oklahoma you posted. The employee must be able to show that s/he is being subjected to either sexual harassment or illegal discrimination under the Oklahoma Human Rights or Title VII (race, religion, national origin, age etc.). I am not buying your story that being late was no fault of your own. Having worked with one of the largest cable companies in their largest call centers, I can attest to the computers taking some time to boot up, but the agents were on time when they clocked in and when they didn't have there systemns up an alloted time, they then got penalized for not being ready to take calls unless your computer was malfunctioning. You have very little chance of winning your appeal.

 

[Green_Hornet]

Hostile work environment for unemployment purposes and hostile work environment to file a Title VII action are very different. For the purposes of unemployment, the environment must be so outrages that a reasonable person would not be expected to tolerate it.

Pretty much what the poster found on the legal website:

...working conditions to become so intolerable that a reasonable person in the employee's situation would feel that [he/she] had no choice but to quit.