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Unemployment due to a sociopath. Georgia

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  • Unemployment due to a sociopath. Georgia

    The situation is that I quit my job due to a hostile work environment, because my former boss is a sociopath, and the other members of management his wife, and best friend from elementary school are in denial. They refused to take any responsibility and deal with any of his behavioral problems because it is too personal.

    This really sounds like name calling and that's the problem. I haven't mentioned the words sociopath, or antisocial personality disorder in my hearings because it's my opinion and would require verification. Maybe harm my case?

    I think my complaints sometime sound trivial because I can't really express the hostility and the way that employees were treated on daily basis. I claim that I was abused, but it sounds like I'm exaggerating. He would absolutely flip out over the slightest thing, and use it as a way to dominate employees. It was never about solving a problem, just control. When solutions were presented they were ignored.

    He and the other members of management also exploited employees as a way to maximize profits and control them. When mistakes resulted they were used to portray employees as incompetent. I worked extremely hard, but it was never good enough.

    There is a resent example of him physically threatening me when I pointed out a minor mistake he had made. He refused responsibility and tried to blame me and another employee. This evolved into a yelling match and him physically threatening to fight me. He yelled, made a fist with with his hand, and tried to stare me down. I didn't back down, but there was no fight.

    Dealing with production mistakes is within the scope of my job as I was the production manager. I started as lower level employee, but in the end I really handled most of management responsibilities in my department, because my boss had repeatedly proven an inability to deal with problems calmly and effectively. This inspired resentment in my boss and made me his target. I was continually give more responsibilities and no authority. I was way underpaid.

    When the other management refused any responsibly I demanded it with bad language and name calling. (This will hurt my case.) Not directly to my boss but to the only person in management was rational and capable of doing anything. It was meant to spur him into action. He tried to trivializes everything and I was expressing absolute outrage. Also I was proving that my bad behavior was somewhat justified.

    I endured this situation for too long because I never wanted to give up, and wanted to protect other employees, I liked and was good at my job, I couldn't find another job, and I didn't understand that I can collect unemployment after quitting a hostile work environment.

    When my claim was denied the only reason that was given was that, I "didn't get along with my boss". Very true but for lots of real reasons that were ignored.

    I'm currently in the middle of an appeal. I had a phone hearing yesterday but we ran out of time after my testimony and cross examination. So there is a continuance a week from yesterday.

    I really think I've proven my claim in several ways, but most of what I've stated was presented from the beginning when my claim was denied. It seems like the system is very biased in favor of the employer. What more do they need to hear? Are all claims where the claimant quit denied at first?

    I don't understand why the employer is still fighting me. Who pays unemployment?

    Should I try to prove he is a sociopath, do I need to state it explicitly?

    What more can I do?

    I guess I'm also looking for justification. Have I done the right thing? I gave three weeks notice and trained my replacement and other employees in things that had been exclusively my duty.

    This situation has really been haunting me in job interviews. I know I should really just omit it all together by claiming that I left my job because there was no room for advancement, but leaving out so much really fells like lying. For years now truth has been my defense mechanism.

    I'm so much happier now that I've quit. The world is a beautiful and amazing place again.

    Thank you for your responses.
    Last edited by Graphic Artist; 06-17-2010, 12:21 PM.

  • #2
    Here's part of the problem. A hostile work environment does not mean what most people think it means. And what you have described, as unpleasant as it may be, does not meet the legal definition of an HWE.

    I am not for a moment debating that your job environment was difficult. BTDT got the t-shirt. However, unless you were being subjected to either sexual harassment or illegal harassment under Title VII and related laws (race, religion, gender etc.), you were not, technically, in an HWE, no matter how unpleasant the situation. So you might do better not using that term.

    I don't mean this as harshly as it probably will sound. Unless you are qualified to diagnose mental and emotional illnesses and conditions, then you should not try to do so. He and/or his attorney will tear you to shreds, and you might even find yourself on the wrong side of a slander suit if the conditions were right (or wrong).

    In most cases, in most states, the law overall is geared in favor of the employEE, not the employer. But when you quit and claim benefits, the burden of proof is on the employee to show that they had no reasonable option but to quit, since in most cases, you don't get benefits if you quit.

    Do you have any witnesses you can call?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      No hostile work environment!?

      Doesn't being physically threatened for trying to do my job qualify as a hostile work environment?

      I could call a couple of people as witnesses but they would testify to this sort of abuse and threats. If it is no basis for a case they don't help me. I would really rather not involve anyone else anyway. They have all been treated just like me.

      I thought this case was very clear cut.

      I really wasn't allowed to do my job do to harassment. I intimidated my boss because I could do everything better that he could. He is extremely insecure, and because of this he sabotaged me and tried to make me fail every chance he had.

      Also, I think that they may have been trying to force me to quit. Isn't that a part of the definition of a hostile work environment too?

      Where can I read an official definition of the law?
      Last edited by Graphic Artist; 06-17-2010, 01:39 PM.

      Comment


      • #4
        Again, I do not mean this in a nasty way.

        Which is more important to you? Getting your benefits, or having the situation desigated as an HWE?

        It makes a difference which way I suggest you go next.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          help please

          I'm just trying to do this right.

          Comment


          • #6
            First off, please understand that I am not even remotely unsympathetic and I do want to help. When I ask questions or even when I tell you no, it's for a reason. It won't help you for me to tell you something to make you feel better, that is not supported by law.

            No, trying to get you to quit does not count as part of the definition of an HWE. There's nothing at all illegal about an employer trying to get you to quit.

            http://www.hostileworkenvironmentgui...vironment.html

            http://www.law.ucla.edu/volokh/harass/defn.htm

            Here are a couple of explanations of the definition of an HWE.

            A witness can only help you. As I explained, when you quit, the burden of proof as to why you should be granted benefits becomes yours, and you (the generic you, not you you) frequently then run into a he-said/she-said situation. So any back-up that you can provide, will be of assistance. I understand your not wanting to pull someone else in, but it may be necessary.

            If you can have someone else support your statement, that will go much farther than trying to force an HWE definition to fit.

            Watch your PM's.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Thank you for your help.

              "...when you quit and claim benefits, the burden of proof is on the employee to show that they had no reasonable option but to quit..."

              I think I can prove my case on this basis.

              I'll try to update with the result.

              Comment


              • #8
                Das ist in der Doktor!

                Originally posted by Graphic Artist View Post
                "...when you quit and claim benefits, the burden of proof is on the employee to show that they had no reasonable option but to quit..."

                I think I can prove my case on this basis.

                I'll try to update with the result.
                If it hasn’t already been mentioned,

                I would strongly urge you speak with an attorney.
                What YOU consider to be having
                no reasonable option but to quit
                may in fact not prove to satisfy the requirements for collecting unemployment insurance.

                Make sure your six shooter is fully loaded minus the one behind the hammer incase your foot has inadvertently gotten in the way….
                Good luck..
                ..___________________
                ~ Helping rid the world of stupidity,
                starting with my own..

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                • #9
                  I agree that it wouldn't hurt to talk to an attorney.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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