When applying for unemployment benefits, what do I write down as the reason for termination if I've been unjustly accused of sexual harassment? My boss wanted to hire someone but could only do so if I left. We had a pretty heated discussion about it. The next thing I know I'm being fired for sexual harassment, and a week later the other guy has my job. (To be honest, I did request, with the best of intentions, that the worker in question dress more professionally. I was not unkind or suggestive, and I don't believe it was harassment. He found someone else to say I "looked" at her and made her uncomforatble --believe me when I say that this is not a person that my eyes would linger on.) I was not given any written statement, just a phone call. The company is allowing me to go on COBRA health insurance, and sent me four paychecks in an envelope, without comment. I am having trouble dealing with the unjustness of the situation, but I've been told there's really nothing I can do (or afford to do), as I had no contract. I just want to move on with my life. I'd like to apply for unemployment benefits (I worked there 15 years) and I think the company might allow it. The problem is, what do I tell the interviewer when she asks why I was terminated? Will my company see my answer to this question? If I tell the unemployment people it is for the reason they said, won't I be denied benefits? Thanks.
Submitted by Logan123 on Thu, 04/21/2011 - 17:50
Unemployment benefits
You seem to be taking this fairly well for someone who was slandered and then fired without cause. You are correct that, because you were an at-will employee, your former employer can let you go for any legal reason or for no reason at all. However, if the facts are as you present them (and you were the woman's supervisor and she was dressing inappropriately), you need to talk to a MA employment law attorney. You will not be able to get unemployment benefits if you disclose the reason you were terminated, as you are required to do by law. At a minimum, a qualified employment law lawyer might help you negotiate a better severance package. Good luck.
harassment
This happened a week ago --you have no idea how devastated and sick I've been over this--I saw no point in making you read about that side of it. But your reply clearly demonstrates to me what the rest of the world thinks--GUILTY until proven innocent. And you wonder why I won't fight it?How can I prove it? The affidavits didn't say I did anything besides comment on clothing and, from a person I never got along with, "look." This was very cleverly engineered. Yes, I asked her to dress more professionally -we are a business office, not a local dive. Yes, when she wore a new suit I told her she looked nice and more professional, hoping to encourage her. And yes, she was angry at me the day before this happened because I criticized some of her work that was sub-par and problematic. I'm sure she quite enjoyed having an avenue presented to her. I am resolved to not fighting it because I don't have the funds and because I have no proof and no contract. And no faith from anyone who doesn't really know me.
Thank you for your reply.
Unemployment
I think you're misinterpreting my reply. I don't assume you are guilty. What I'm saying is that if I were in your shoes, and I did nothing wrong, I would at least discuss the matter with a lawyer who handles this type of case. Many attorneys offer free consultations, and a half hour meeting might give you a better understanding of what course of action will benefit you the most. You may be right. You may not have any good options. But I would not assume that.