i recently quit my job after 17 years. i was a supervisor, was the most knowledable about many aspects of the business, made policy, hired, fired, trained, scheduled, could jump into any position if someone was out, etc. when i was offered the position i was promised a bonus that was to make up the difference in tips i would not be making(restaurant). it has not been going that way for some time. new employees are making more per hour without having any of the responsibilities. my boss started referring to this bonus as profit sharing several years ago and kept mentioning the bottom line was down and our bonus might go down. 2 years ago another supervisor was added to the ranks and received 3 times my bonus this past year. over the years i have gone to hr with concerns of others getting paid more and doing less work. i have gone to my boss many times asking for a raise and have been denied. i was also denied benefits that other supervisors get. recently i was assigned a schedule that had been done by another supervisor. part time employees that had been on board for only 2 years recently got a substantial raise. again i asked for a raise and was told they couldn't afford it. they offered me to go backwards to a position i held 16 years ago. . i loved my job, my co workers preferred working with me and always felt things ran smoother. i had been an exemplary employee and felt anyone else in my position would have no other recourse so i left. i did see my doctor in may and after a lenghty discussion about my job she said i was clearly depressed. i have applied for unemployment and was denied. i filed an appeal and am looking for help. thanks.

I can't help. You resigned because you weren't happy with the compensation package and work schedule. It's not surprising that you would be denied UI benefits.

If you had a valid, enforceable employment contract and the employer breached it, you may have a cause of action civilly. However, we would have no idea if that is the situation in your case.

employers don't have to honor promises? i have always worked and tried to give my very best at any job. it's sad to think i would have been better off doing a lousy job hoping to get fired. i recently had fired an employee for stealing and they were able to collect. doesn't the law state it's there to prevent the malinger and that consideration should be given to those who feel they have no recourse? i did request several meetings to try to solve this with my employer. how is it fair that a part time employee with 2 years experience in a non supervisory position makes the same money as one with 17 years experience responsible for running the show. guess i have been sleeping.

No, not unless the promise is in writing and even, then, only if it rises to the level of an enforceable promise, which is, in effect, a contract.

Listen, I'm not saying you weren't right to quit. And I'm not saying that you weren't treated unfairly. And I'm not saying that I agree with every determination state UI examiners make; there are some VERY strange decisions out there.

What I'm saying is that the state UI guidelines obviously provided that the "cause" for which you quit, even if it is perfectly clear in your mind that is was justified, is a reason which disqualified you for benefits.

You would have been much better off if you had found another job first, THEN quit.

i do appreciate your replies. my husband has watched this evolve over several years and he thinks it was a constructive discharge. the new employee i mentioned is the owner's son who is being groomed to take over one day. he now holds my position. any thoughts? any recourse? thanks again.

Actually, I am surprised you were denied. Rhode Island is very different than almost every other state in that the burden on a claimant in a quit case is to demonstrate good cause ... not good cause attributable to the employer as required by almost every other state.

I have represented both employers and claimants in several quit cases and it is rare to have a claimant disqualified if they are able to persuasively argue any reasonable reason for their resignation. Furthermore, more often than not the employer is not found liable in a quit case, but rather those benefits are charged to the state's balancing account versus the employer's UI fund.

Most definitely follow through with your appeal. Gather any and all documentary evidence and bring it to the hearing. Also, prepare your argument before-hand to ensure that you will not forget to provide all pertinent information to the Referee. The Referee will be more likely to be sympathetic to your argument, but be prepared to answer the following questions:

What, if anything, did you do prior to resigning to make known your issues and/or concerns?

What compelled you to quit when you did?

i brought my concerns to the attention of hr on multiple occasions. i had
meetings with my gm and the owners over the years at least 5 times and most recently had 2 meetings with the gm and owners prior to quitting. my history is embarrasing. i am an over achiever and for years a pat on the back and a "great job" was enough to keep me happy. my husband has a great job and i really thought i'd be at this place of employment forever. then i started noticing perks others were given and saw slackers getting ahead. most recently my job had duties added because the person assigned to them was incapable of handling the tasks. to top it off, as i mentioned, part time employees with 2 years on the job were given a substantial raise that equals my hourly wage. i couldn't believe it and asked to sit and discuss this with the gm and owners. again, their response was-we can't afford to give you a raise and if we give you one we'll have to give so and so a raise. I asked why? they're not here asking for one. and why can you afford to give these non essential employees a raise and not afford to give me one. i have received a $2.50 per hour raise in 17 years. these emplyees i mentioned have received $6. per hour raise in 2 years. they offered me to go back to a non supervisory position(waitress) and receive tips and relinquish my supervisory duties. that's why i quit-i felt any normal person would feel used and abused and i didn't feel i could stay there and be a positive employee. thanks for any help.

Actually, I am surprised you were denied. Rhode Island is very different than almost every other state in that the burden on a claimant in a quit case is to demonstrate good cause ... not good cause attributable to the employer as required by almost every other state.

I have represented both employers and claimants in several quit cases and it is rare to have a claimant disqualified if they are able to persuasively argue any reasonable reason for their resignation. Furthermore, more often than not the employer is not found liable in a quit case, but rather those benefits are charged to the state's balancing account versus the employer's UI fund.

Most definitely follow through with your appeal. Gather any and all documentary evidence and bring it to the hearing. Also, prepare your argument before-hand to ensure that you will not forget to provide all pertinent information to the Referee. The Referee will be more likely to be sympathetic to your argument, but be prepared to answer the following questions:

What, if anything, did you do prior to resigning to make known your issues and/or concerns?

What compelled you to quit when you did?

rjc is much more optimistic than I. ;) It can't hurt to appeal; you have nothing to lose at this point.

if my employer does not attend the hearing-do i win the appeal?

if my employer does not attend the hearing-do i win the appeal?

Not automatically, but certainly your chances increase exponentially because you will be providing unrefuted testimony. You are the appellant and bear the burden of proof because the separation was voluntary, therefore you must attend and provide testimony to overturn the disqualification and meet your statutory burden.

The issues you mentioned are certainly going to be given due consideration by the Referee and IMHO will likely lead to a decision that you did have good cause.

And most who know me would not use the term "optimistic" ... but perhaps that is due to a lifetime as a Red Sox fan. :D :eek: :p

rjc, what kills us Red Sox fans is not the optimism during the season; it's the dull thud at the end. :D

Yett to continue on my apparent optimistic outlook, the Red Sox will take 4 of 5 this weekend! :D

Let's hope I have not set myself/us up for the proverbial thud ...

Let us indeed so hope. I'd wish for 5 out of 5, but that's just unrealisitic.

On the other hand, we were further back than we are now at this time in 2004.

co-workers told me what they made and what their bonus was-if i mention this at the hearing is it "here say"? what aspect of my case do you think would be the most compelling to the referee?

go sox

co-workers told me what they made and what their bonus was-if i mention this at the hearing is it "here say"? what aspect of my case do you think would be the most compelling to the referee?


I really don't see the relevance.

i would think it's relevent because my employer told me he would not give me a raise because he couldn,t afford it yet he was able to to afford to give others raises and bonus increases

If you quit at least partly because you were treated differently and the reason provided by the employer was untruthful, then it may be relevant.

It would be hearsay because you would be offering testimony, but if you were able to obtain the first0hand testimony of one of them it would not. Regardless, the evidence is admissible because this is an informal administrative hearing and the rules of evidence do not apply. However, it will be given the weight it is due by the Referee, which may be greater if the employer fails to rebut it.