i quit my place of employment a couple of weeks ago. i quit because i was sexually harrased by my supervisor, at the time my company i worked for did nit really care, but now that i have filed for unemployment and a discrimination lawsuit all of a sudden they are calling me back, trying to accomodate me in any way. well, i say to little to late. can they do this call me back after i have quit ,and try to get me back to their comapny? also if they are calling me so much, it is safe to say they are fearful of something right? any anwers would be appreciated
2007-10-10
04:21:51
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9 answers
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asked by
lounwo32
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in
Politics & Government
➔ Law & Ethics
anybody???
2007-10-10
05:24:44 ·
update #1
In most states an exception to the rule about not getting unemployment benefits if you quit, is that if you have reported sexual harassment and the employer refuses to address this you can receive the benefits.
The reason the company is rushing to get you back on the job is that they are concerned with the price of litigation. As they say the ball is now in your court.
Do you drop all charges and go back to work? If you do make sure that the sexual harasser has been stopped. Also the company may just want to get you back so that this litigation is dropped and then they will put together an air tight reason (like performance) for firing you.
Or do you roll the dice with the EEOC or state human rights department? Employers can pay to drag these cases on, can you? There is no guarantee that the EEOC or human rights dept will find for your side, despite the employer's fear. Can you put up with the employer lying about you and blaming you for the harassment? Millions???? The only way one of these cases is worth millions is when it is a class action that is brought in Federal Court by the EEOC.
Call a local employment attorney, before you make any moves. Your attorney can negotiate with your employer so that you really get what you want. Your attorney can help you realistically look at the value of your case.
2007-10-10 05:56:26
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answer #1
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answered by CatLaw 6
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The fact they are calling you back is irrelevant to any other actions.
Secondly, as stated, you do not qualify for unemployment if you quit unless you can prove it was for cause.
Also, who did you tell at the company regarding your harassment? have you filed a complaint with your state (or federal) EEOC?
Simply filing a lawsuit with the limited number of facts provided doesn't mean anything. First, you are required to inform the company and they, in turn, are required to address the behavior. HOW they address it is not a requirement stipulation under EEOC guidelines.
If you had complained about the behavior and the company did nothing, THEN you filed a complaint with the EEOC, they would have issued a "Right to Sue" letter with which you had standing to initiate such a suit.
Therefor, based solely on the facts (or lack thereof) in your post, I can only surmise your suit will fail on lack of standing and I won't hazard a guess as to why they are calling you back. It could be any number of reasons. But If I were their legal counsel I'd tell them to stay as far away from you as possible.
2007-10-10 11:50:33
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answer #2
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answered by hexeliebe 6
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It may be a ploy to get you back so they can fire you thereby changing the playing field. I wouldn't trust them in this issue as it could be a set up. If you are fired under certain circumstances you will not be eligible to collect unemployment. Check the guidelines for unemployment compensation. Obviously they don't want to pay for the unemployment which you may be eligible for because you have quit under a situation of duress and had little choice. It's not like you just wanted to quit.
If anyone calls from the job try to get it all recorded to you have something to substantiate your claim of sexual harassment.
Your efforts are not going to be a walk in the park. You will have to prove yourself and may have legal proceedings to attend to.
2007-10-10 11:32:47
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answer #3
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answered by Anonymous
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Number one, I hope you weren't teaching grammar and spelling.
Number two, and I may be wrong on this one, but I don't think you can get unemployment if you just up and quit. Again, I may be wrong. I think you have to be laid off or fired.
Number three, they are probably scared of what will happen. Obviously, they want you to come back, that way, they don't have to pay or go to court. Hold your ground. If it happened once, who's to say it won't happen again?
2007-10-10 11:30:52
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answer #4
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answered by tinkerbell24 4
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Maybe they are testing you, to see if you will take your job back and if you did, they would wonder why you would take it back when you have a sexually harrassment claim against them. I'd be careful if I were you, that it might be best to just politely say thanks but no thanks, unless they can guarantee you work in a different department or something like that. OR maybe it's their way of trying to make things right with you so there are no hard feelings, its all in how you look at it.
2007-10-10 12:09:31
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answer #5
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answered by 24Special 5
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The situation changed from something they did not "want" to deal with, to one they "have" to deal with. Talk with Unemployment Office. I would not go back. Could be they will say you are accepting the treatment.
2007-10-10 11:32:38
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answer #6
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answered by sensible_man 7
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There calling you because there scared as hell. If you were sexually harassed you could sue for Millions. They can call you back to work for them but i wouldn't you could retire with all the money youre gonna make off them. Remember me when your filthy rich okay bud!!
2007-10-10 11:29:10
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answer #7
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answered by Deckie A 2
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If you quit you shouldn't get unemployment! Winner's never quit and quitters never win!
2007-10-10 11:31:38
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answer #8
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answered by Wounded Duck 7
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sure does sound that way, get urself the best atty u can find and let him handle it from here. i think they may want to settle with u.
2007-10-10 11:30:17
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answer #9
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answered by Anonymous
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