State of New York , Appellate Division Third Judicial Department, Decided and Entered: June 28, 2018, # 525878, In the Matter of the Claim of NIEAMA BAXTER, Appellant:
""Whether a claimant has voluntarily left employment for good cause is a factual determination to be made by the Board, and its decision will not be disturbed if supported by substantial evidence" (Matter of Sheldon [Commissioner of Labor], 153 AD3d 1480, 1480 [2017] [internal quotation marks and citation omitted]; see Labor Law § 593 [1] [a]). The record reflects that, notwithstanding claimant's allegations of verbal abuse, claimant's supervisor, on at least two occasions, issued a corrective action to claimant regarding incomplete work. Claimant, in turn, spoke to an assistant human resources manager on at least one occasion about the allegedly unprofessional manner in which her supervisor addressed her. In response to her expressed concerns, claimant was repeatedly advised by human resources about how to file a formal internal complaint concerning her supervisor's alleged treatment of her; however, claimant acknowledged that she never filed a complaint, did not call the employee hotline that was also available to her to lodge a complaint, and failed to request an internal transfer. Moreover, the differing versions of what claimant told the assistant human resources manager presented a credibility issue that the Board was free to resolve in the employer's favor (see Matter of Baez [Commissioner of Labor], 126 AD3d 1211, 1212 [2015]). Furthermore, although the record demonstrates that claimant obtained treatment from a clinical social worker, who opined that claimant was suffering from job-related anxiety and depression, that therapist never advised claimant to quit her employment (see Matter of Bielak [Commissioner of Labor], 105 AD3d 1226, 1226 [2013]; Matter of Spaulding [Commissioner of Labor], 264 AD2d 881, 882 [1999]; Matter of Ikoli [Commissioner of Labor], 249 AD2d 673, 673 [1998]). Under the circumstances presented here, the Board's decision that claimant voluntarily left her employment without good cause is supported by substantial evidence, and it will not be disturbed."
I voluntarily resigned from Houchens Industries( Savalot) after 2 yrs of verbal abuse,and retaliation. Management had a personal vendetta against me for my report of their behavior to Human Resource. I quit in July of 2018 ,and corporate asked me back and apologised. I received unemployment for 2 wks and returned. I was smart and documented most occurrences up to Dec 1st when I resigned.Management tried to accuse me of stealing. Which i DID NOT.They would not stop trying to find anything to get me out of there. My work was very good, never late or called in. Never a write up in 2 yrs.Sabatoging my orders and work area when I was off.Yelling at me on sales floor for asking a question,then laughing about it to others in the office. List goes on. Unemployment investigated for 7 wks and approved me with GOOD CAUSE. Now the employer states I never made management aware of mistreatment or ever said I stole anything.I have a hearing that employer is fighting my unemployment. Current employees will testify only if I subpoena them because they are afraid they will get the same retaliation as me. I need a lawyer, but only have 1 WK to find one. HELP. Aso have a hearing with EEOC on the 12th. Can't afford an attorney. Also have a recording of manager giving me a bad reference stating I thought I was being mistreated but wasn't and a witness that was in the office when manager ordered me up to the office "now" over store PA. Ordered me to sit down and write what I did. What's my next step? I want justice, not only for me but for current and future employees.Corporate and management do not follow their own company handbook.
ReplyDeleteHello:
ReplyDeleteFor your hearing, if you cannot obtain counsel, see this link: https://labor.ny.gov/ui/claimantinfo/hearingprocess.shtm and this link https://www.youtube.com/watch?v=TUKnx67D-GE
After your hearing and decision, either party may bring an appeal to the Appeal Board.