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I filed for unemployment. I had just cause to leave, and I just was told that I was denied benefits. But i can appeal. Should I?

Fort Wayne, IN |

My cause was Wage discrimination and ethical concerns. An employee with less years on the job, and less job requirements was being paid higher than me, and I attempted unsuccessfully to get my employer to clarify and to change the situation. He agreed to raise me slightly, but not to a sufficent rate that I felt would surpass the other employee. He also has done that before, only to raise her higher than me again. I have never been written up, or disciplined. To me this was harassing behavior, it affected me and my work performance. Also, the ethical issue may very well get my employer in trouble with the State. It was a major no no, and one that I made clear was not okay. I addressed him, yet he still felt the need to say I left without good cause. Should I appeal? I believe I should.

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Attorney answers 1


What you believe is just cause to quit and what the law says is just cause to quit may not be the same thing. I am not licensed in Indiana, but not all discrimination is prohibited discrimination. Unless the employer has an obligation to pay you in comparison to this other employee, then the fact that you quit because the employer didn't do so is neither wage discrimination nor just cause to quit. But you will need to check with an Indiana lawyer regarding the law for just cause to quit in an unemployment context. If your legal theory is sound, then yes you should appeal. If there is no legal basis for you to appeal, then it would probably be pointless. The only way to be sure is to have an attorney review your circumstances and your paperwork, including the written denial. Be aware that time frames are usually quite short in unemployment cases, and that if you are ever going to need an attorney, the most important time is that first appeal, because that is when you will get a hearing and get to present all your evidence. After that, you won't get to fix anything you did wrong the first time, only argue based on what happened at that first hearing.

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