I had a hostile work environment (language) allegation brought against me. After a intensive investigation with a “few” underachieving individuals, I was told my conduct constitutes insubordination and is sufficiently serious to warrant termination. I resigned instead do to a hostile environment and infliction of emotional distress in the work place, which they rejected and made me rewrite. My unemployment was denied for either quitting for no good reason of for “gross misconduct’. The latter was never mentioned in any letter I received. My meeting with the unemployment board for appeal is tomorrow. Any suggestions?

Who rejected your resignation letter and why?

If you quit rather than get fired, the company will probably have to prove gross misconduct to keep you from getting unemployment. If those underachievers credibly allege that you were harassing them, you will probably not get unemployment.

Labor Relations Supvr. after I faxed it to him and hand delivered it to my boss at the plant. His only reasoning? “I can’t accept your letter the way it is worded”. Well I said I guess I fired then. He then called me at home and said if I would reword it, he would go to “bat” for my year-end bonus in which I was denied even with all my goals met or exceeded. The other was I would get straight time or stay late while supervisions IBEW employees. The compensation for that is time & ½ but as A COMPMANY MAN I would just let go. It was 17:20 (20 past my fired time) and he said, “the clock is ticking and I need an answer” I know the overtime thing I could sue but I waiting to see what this UE meeting produces. 15 years at this company and they are down sizing plant closed. Impeccable employee file but that doesn’t matter with the law. No positive disciple or nothing. Thank you for the reply. I am also waiting on WC claim I put in one day before resigning because of working conditions in my building. Those people visited the site, viewed the building conditions and interviewed some people. (Not same group) Did the condition of the building contribute to any physical or mental injury? I said yes.
:o Sorry for such a long post, tried to answer both questions.

So, the resignation letter that was accepted stated that you quit because of a hostile work environment and infliction of emotional distress? Also, do you still have a copy of the first resignation letter.

What, if anything, did you do to complain and/or seek redress for this so called hostile work environment and emotional distress? Also, were you given an ultimatum, to wit, quit or be fired?

BTW, the employer cannot force you to write a resignation letter that meets their approval... :rolleyes:

No, he said he would not accept it as it was worded, the hostile work…. resignation. So I sent another one stating that I just resigned. I was in a way pleased while being confused, knowing that I had the time stamp from the original fax, a witness who called labor relations and ask if he had received it, and I had hand delivered my original resignation to my Superintendent. In fact when I handed him my letter (labor relations guy had already called him) he told me the plant managers secretary was typing a letter for me to sign. I never saw it because I said I would not sign it and left.

Before my resignation, I filed a workers’ compensation claim stating the reasons of my first resignation letter. Their investigation is still ongoing. May 17th was my filing date. No, I was not given any ultimatum.
Also my hearing for my UE appeal is tommorrow. Its states "leave without good cause or discharged for misconduct. Would not it have to be gross misconduct? Sorry again for the long post.

I misunderstood, then.

It sounds like your "hostile work environment" consisted of being accused of harassment, and having those accusations believed.

In that case, you will have to prove that there was no reasonable alternative but to quit then and there (as opposed to, for instance, waiting on the results of the WC claim, or avoiding the underacheivers).

I can't see Unemployment being granted under these circumstances.