Would I have a case for unemployment if I quit or any type of legal action?

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Would I have a case for unemployment if I quit or any type of legal action?

My supervisor and HR manager has withheld work from me which has inhibited me from doing my job. She has become aggressive with me and I have reported to management but nothing has been done. She has told the owners that she treats me differently because she is threatened by my education and relationship to the owners of the business. When hired, I was promised her position which I never received. I’ve been promised all kinds of different things from them but have received none of them. I’ve heard because I sit within hearing distance of her and a co-worker’s office. I know it is information that they shouldn’t be talking about and definitely shouldn’t be letting others hear. I feel like I have been discriminated against. I’d like to also see if I can press a fraud charge against the company due to the fact I left a job to come here due to theses promises that have never been followed through. Is there anything I can do, even if it’s just quitting and collecting unemployment until I can get a new job? This entire mess has caused me severe emotional distress and I have notes and documentation of the harassment. I also have been prescribed medication to deal with the stress.

Asked on April 17, 2018 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You don't have a case for discrimination unless your treatment has been due to your race, religion, nationality, gender, age (over 40) or disability. Otherwise, unprofessional behavior is not actionable. The fact is that not all employees need be treated the same or even fairly. Your only protection would be if your supervisor's actions violate the terms of an union agreement or employment contract. Further, if you quit your job you wil be ineligible for unemployment benefits since you would not have legal "cause" to quit.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You don't have a case for discrimination unless your treatment has been due to your race, religion, nationality, gender, age (over 40) or disability. Otherwise, unprofessional behavior is not actionable. The fact is that not all employees need be treated the same or even fairly. Your only protection would be if your supervisor's actions violate the terms of an union agreement or employment contract. Further, if you quit your job you wil be ineligible for unemployment benefits since you would not have legal "cause" to quit.


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