What are my chances of winning a appeal, pertaining to denied unemployment?

Asked almost 5 years ago - Boston, MA

When the truth was, I said to my boss and supervisor B I was going to quit, because of tensions with that supervisor-A. BUT I retracted and said I wanted to change my schedule. I wanted to tell the boss that but he was to busy to talk to me so he made me talk to his secretary. I told him how I had tensions with that supervisor and how I wanted to change my schedule. He asked me to leave in my bade.(I worked at the Airport) And he would tell the boss and they will later let me know of the decision. I called in the net day and they said they have to let me go. But on the phone, the unemployment representative said they discharged me.The only thing they could use against me, as I plan to appeal the denial of unemployment, is I was late sometimes. Do I have a chance of winning the appeal? What

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Unemployment insurance is a program that may provide you with money if you lose your job through no fault of your own. If you quit your job without meeting these requirements, you may be denied benefits because you will be considered to have voluntarily quit your job. Forced resignation is a form of constructive discharge. However, keep in mind that constructive discharges are decided upon on a fact basis and is left many times to the discretion of the appeals examiner.If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination.

    If you do not have an employment contract or union to represent you, your recourse is limited.

    You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

    http://www.avvo.com/legal-guides/ugc/workplace-...

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    If you have a discrimination theory about hostile workplace conditions you'll need a lawyer. Check with a lawyer in your locale to discuss more of the details. I would not go into this type of appeal hearing without an attorney and do not allow the hearing examiner to tell you otherwise.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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