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Unemployment benefits when quitting

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  • Unemployment benefits when quitting

    My husband works for a car dealership in Michigan. There have been many things happening that we feel may allow him to quit but still be entitled to unemployment benefits. First of all 3 weeks ago our 18 month old daughter needed her tonsils and adenoids out. He requested, as did I from my employer, FMLA. I did get FMLA from mine, but his told him they did not have such a thing. They do have more than 50 employees. There was no sign, nothing. They told him that if he did not come to work that next week he would be fired. So, I ended up having to take a ton of time of work(and I am the breadwinner). Secondly, they have now implemented a new phone system that records all conversations. Our last question is we thought that unemployment could be gotten if you quit if you prove a hostile work environment. What would this entail and how hard is this to fight? It's to the point where he has been unable to find any other work yet(he has been trying the last year) and what they are doing to him every day seems so unfair. Do we have a leg to stand on at all???

    Thanks,
    Jennifer

  • #2
    They may have more than 50 employees, but did your husband meet the definition of an eligible employee? Had he worked for them for over 12 months and worked a minimum of 1,250 hours in the past 12 months? If not, they were not obligated to offer FMLA. The same goes if the 50 employees are not all within 75 miles of each other.

    He is not in a hostile work environment legally unless he is being subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin etc.) Refusal to allow him to take time off and recording phone conversations does not come even remotely close to meeting that standard.

    Based solely on the information in your post, if your husband were to quit he would NOT be eligible for unemployment and it would be a waste of time to try to fight 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.

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    • #3
      Regarding the FMLA, my husband did qualify for the FMLA. He has worked full time(40+ hours) for 4 years. It is only 1 company and all the employees are in 1 place of business. They had no FMLA posters and he was told they had no FMLA paperwork. And...if he did not show up for work he was fired. And of course we didn't want that.

      Thanks for the information on the hostile work environment also.

      Jennifer

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      • #4
        It doesn't change the answer about hostile work environments or unemployment when quitting, but if he feels he was illegally denied his rights under FMLA, he can file a complaint with the US DOL.
        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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        • #5
          Thank you.

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