Can I receive unemployment benefits in Oklahoma if I quit due to harassment at work?
I am a sole woman working in a company full of men. The harassment (verbal) has lately become unbareable and the guys have since made it impossible for me to do my job. I have gone to my boss/owner of the company and told him the situation but he refuse to deal with it. I have pleaded beside him (I am a single mother with 2 kids and need the job) but he says he cannot stop them from harrassing me (his words exactly). I told him if he couldn't stop it I would hold to quit. He tried to convince me to "hang in there" but without any change at work. I submitted my 2 weeks notice yesterday. A sister office of ours told me that I might be eligible for unemployment due to a hostile environment or the reality that my co-workers were going out of their way to keep me from doing my duty. Is this true? I'm in Oklahoma. Please help!
I don`t know. You need professional advice such as from an attorney. You actually may enjoy cause for a significant law suit IF you can prove any of this.
As a matter unsurprisingly however the fact you quit is not going to get you benefits. The fact you feel forced due to a hostile enviornment may get your foot in the door. You ought to speak with a labor law/relations attorney. He'll likly see you free for a partly hour. The term for what you are describing is "constructive discharge." The fact that you reported the harassment and the boss did zilch about it gives you a basis for file a complaint with EEOC. I urge you to do this as it will bolster your claim for ui. I hope you have some evidence of the harassment as in good health as of your attempt to have it stopped. Was any of it in writing, for example? Email? etc.
You MIGHT be eligible for unemployment, but you;re going to own a really tough time of appealing it if you're denied.
They will claim you quit, pure and simple. The unemployment office doesn't care of you like the job, hated the job, doesn`t matter what, all they are concerned about is, that you quit.
I am sorry I can't offer you much encouragement.
It's possible; a hostile work environment is one of the very few reasons you can quit and achieve unemployment. I'd contact someone at the EEOC website and get some tips on how to proceede
You might be able to argue that your departure be a constructive dismissal, where the employer makes working there so unspeakable that you have no choice but to quit -- effectively firing you because staying was hardly a viable prospect. Your claim can be appealed by the employer if you quit or get fired. Umemployment is for laid-off workers. Go for it and see if the boss claims you never brought the harassment to his attention. You should have file a lawsuit rather than quitting.
Make some recordings of the harassment while you still work there.
the regulation... note the first two.
Okla. Stat. tit. 13, § 176.4: Anyone who is a party to a wire, oral or electronic communication or who have obtained consent from a party can lawfully narrative or disclose the contents of that communication, so long as he does not do so in furtherance of a criminal act.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a soul who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Okla Stat. tit. 13, § 176.2.
Unlawful demo or disclosure is a felony punishable by a fine of not less than $5,000 and jail time not to exceed five years. Okla. Stat. tit. 13, § 176.3.
Oklahoma law also make it a misdemeanor to secretly loiter about a building with intent to hear discourse therein and repeat or publish it. Okla. Stat. tit. 21, § 1202.
severance is usually if you get fired Yes, you will be able to collect. You may also be able to wallet a lawsuit against the company for not taking any kind of action. They should have stopped the guys in half a shake, reprimanded them or suspended them. Is there any chance you can work at the sister office?
The boss is obligated to concordat with the situation, it is illegal and not tolerated in any working environment. The EEOC can grant you more information on how to file a grievance and what you can do. Good Luck.
It will be difficult and your boss can easily claim that you never reported the issue. There is a vastly specific process to follow for dealing with harassment issues and quiting is not the first step.