wcaira27
04-07-2007, 04:39 PM
I work for an owner of a Design Studio. He is always criticising me, not in a nice way and does so in my personal life. He has even called me at home to comment on how I could better handle situations in my personal life, reducing me to tears. We did a recent show in Ny and once i got there I found out I didn't have my own room I was sleeping on the couch while he and his girlfriend slept in the bedroom. One morning his grilfriend asked if she and I could go shopping and he said no she is the help, then looked at me and said she can't afford it anyway. This is only one of the many comments he has made to me. I confronted him through email outlining all the situations. When we sat down to talk he said you are over paid for what you do and you are too sensitive. oh yeah, did I mention he made me cut his dogs toenails. Any way he said he was hiring someone else and for me to find a new job. He hired someone new who he wants me to train and i have not found a new job. He says he won't let me collect. Can anyone guide me where to go from here?
Whether you can collect or not is between you and the state. The employer does not get the final say so in who collects. If that was the case no one could ever collect.
JoeC
Not true, Joe. There have been employees that the state has denied that I would have been willing to have collect - they were denied because they were let go for a reason that does not allow them to collect, not because I contested. I certainly haven't contested every employee that I've ever let go. Or even a quarter of them. Many employers are perfectly agreeable to letting employees who are let go for reasons collect. Quit tarring all employers with the brush of the ones who aren't.
However, it is true that the state makes the final decision.
Having some experience with Massachusetts unemployment, I can tell you that if he says, now that I've found someone new you can go, you'll most likely get unemployment. However, if he says, you can stay till you find a new job, and you leave anyway, you probably won't. It's based on the reason you leave, not on what the employer wants.
I mostly agree with cbg.
However, I think that regardless of whether or not he says you can stay, if you quit you will still most likely be determined eligible by the very liberal DUA.
Based on his prior actions and statements, he made it known that he was hiring someone to replace you because you were "overpaid" and "too sensitive." In other words, your discharge is arguably imminent. In my experience, which is rather extensive in MA especially, a strong case can be presented that those reasons will constitiute "good cause."
Please be advised that this is no way a guarantee, but rather an informed opinion. It is always a risk to rely on being determined eligible for unemployment because it is not an absolute right upon any separation. Moreover, in your case, the burden of proof would lie with you if you quit.