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Unemployment Question/Hostile Environment NYC New York

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  • Unemployment Question/Hostile Environment NYC New York

    Hi..My name is Maria and I need your help.

    I was working for New York City Council for six years(until September of last year). After six years they let me go without any reason. Since they gave me severance pay, I didn’t collect unemployment insurance. At the end of September I found a new job. I've been working there for four month. To be honest with you I do not know how long I’m gong to be able to work there. I cry at least 3 times a week at work because my boss yells at me in front of my co-workers. Also I don’t get lunch most of the times and some days I can’t even go to the bathroom. I understand that according to NYC Labor laws that I’m ineligible to collect unemployment if my current boss fires me, because I've been working there for only 4 month. Can I collect unemployment from my previous job?

    Thanks for your help!!!
    Last edited by ste232; 01-02-2008, 01:33 PM.

  • #2
    First of all, the term, hostile work environment has a very specific meaning under the law, and your boss yelling at you is not sufficient to meet it. So unless there is more to the story than you are telling us, you are likely not legally in an HWE.

    The only ones who can give you more than a guess about your eligibility for unemployment if you are fired/quit is your state UI office. A great deal will depend on the reason you are fired.
    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.


    • #3
      From New York's DOL site:

      To qualify for benefits:
      1. You must have worked and been paid wages for employment in at least two calendar quarters in your base period,
        You must have been paid at least $1600 in wages in one of the calendar quarters in your base period,
        The total wages paid to you in your base period must be one and one-half times your high quarter wages. The amount of high quarter earnings used to determine if you meet this requirement will not be greater than $8,910. Earnings in the other base period quarters must total at least one-half of $8,910, or $4,455.
      Somedays you're the windshield and somedays you're the bug.


      • #4
        Thank you for your replies.

        mlane58 :

        I went to NYC DOL site...what I dont understand is... do I have to work at current company for two calendar quarters or work in general for two calendar quarters.


        • #5
          You don't have to work for the same employer; it's in total. However, some government employees are not covered under UI law, at least in the state I used to manage payroll in.

          What did you do at the council?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          • #6
            Same Issue

            Like ste232, I am also working in an "uncomfortable" (but feels hostile) environment. I am getting an ulcer from the amount of stress I am under and have gone to the ER twice.

            I read the Unemployment guidelines and they seem vague. Two Calendar questers means six full months or have worked within those two quarters? I started working in November (first calendar quarter) and will probably be fired by the end of the month, January (second calendar quarter).

            I understand a large portion of whether I receive unemployment are the conditions in which I was fired, which I do not believe will be an issue. My concern is my short period of employment. Any advice?


            • #7
              Yes. Apply for unemployment and let the state worry about it.
              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.


              • #8
                Thank you

                I will follow you up on how this issue is resolved.

                On a side note: My co-worker were discussing how great this forum is would like to to know if lateness disqualifies you from unemployment?

                I say yes, she says no.


                • #9
                  There are no guarantees either way but lateness to work may disqualify a person, particularly if they were warned about it and knew it would lead to termination. It isn't either an automatic qualifier or disqualifier either way.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


                  The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.