Is there any point in filing for unemployment in this scenario?

March 27, 2019 9:58 PM

Theoretically, let's say someone who resided in Maryland quit their job voluntarily, but felt they were driven to it by having had to deal with a lot of sexism at their job. Could this fall under constructive discharge?

Let's say that the person had gone to HR, who had "investigated" (heavy emphasis on the air quotes) and found that there was no sexism (aka circled the wagons). After which, the atmosphere became even worse in the department, because it was obvious to other employees who had complained (the lone female).

I know you are not this theoretical person's lawyer. I know laws vary by state, etc. I am not seeking the generic blanket advice to see a lawyer. I am seeking an opinion on whether there is even any point in spending the time and money to see one. Also any personal experiences with this type of thing.

Thanks.

posted by nirblegee to Work & Money (3 answers total)

Constructive discharge is not a term that has anything to do with Maryland unemployment insurance, as far as I can tell. It sounds as if you have not reviewed the basic information about the program provided by the state. Just reading that without any particular expertise in MD law, it certainly sounds as if you could allege "good cause" for having left your job, thus rendering it non-voluntary, and even if you are found not to have good cause, the penalty may be a delay in eligibility rather than total non-eligibility.

Generally speaking, the amount paid out by UI is sufficiently low that it is unlikely to be economically worthwhile to challenge an eligibility decision if you are paying full-freight to a lawyer. Filing, however, is free; and as your employer may not challenge your allegation of good cause (which happens more often than you might think), or the state may choose to credit your version of the story, it seems hard to imagine a scenario where you lose more than a bit of time by filing (so long as you are truthful in your application, of course).
posted by praemunire at 10:18 PM on March 27, 2019 [6 favorites]

You don’t need an attorney to file for unemployment. Typically, a person is advised to file and let the agency decide. You can state your circumstances about a hostile environment. They will investigate and then decide.
posted by amanda at 10:20 PM on March 27, 2019 [2 favorites]

It doesn't hurt to file, and even if your employer contests your claim, you may not need to hire a lawyer to appeal the decision. As praemunire says, be explicitly truthful, and if you have any sort of documentary evidence to support your claims, it is likely you will be able to receive UI benefits.
posted by Rock Steady at 5:19 AM on March 28, 2019