Legal Question in Employment Law in New York

Unemployment hearing

I had quit my job because I was unable to do my work as an imort person.My manager who is the production manager as well, refused to give me the information I needed to conduct my work.I did bring this to upper manager who in return held a meeting to try to resolve

the problem.My manager at this meeting still insisted that she would not give me any information that I need to do my work. The president of the company knew of this as well and nothing was done. I was also called abusive names at this meeting. I walked out in tears.I even have copy of E-mails that she refused information from me. The stress I went through was unbearable. I filed for unemployment and was refused.

Employer stated that I quit with no reason and that I did not give them a chance to resolve the matter.

This is just not true. I was literally pushed out.

There is alot more to this story. I would like to know if I'm right to take this to a hearing and If I can also press charges on harassment,aggrevation,verbal abuse as well as mental abuse?


Asked on 10/03/00, 11:31 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Unemployment hearing

Sounds like there's no reason not to go through the hearing. There is a doctrine called "constructive termination," which says, even if you resign, you may still receive unemployment if you were forced to quit. I had a case like yours a few years ago, however, and they found that this did not constitute constructive termination. The mere fact a superior is unreasonable, and makes it almost impossible to do your job, probably is not sufficient. On the other hand, if there is conduct which makes it unsafe for you to continue working, like a pattern of serious harassment, this might be sufficient. I suggest you get whatever witnesses you can. Be aware, the decision of the unemployment hearing may well be "res judicata" -- it may be binding so if later you try to sue them civilly, if you have lost this hearing, your case might be thrown out. By the same token, if you win this hearing, you might be able to use it against them, making a civil cvase much strionger.

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Answered on 11/01/00, 9:34 am


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