I was harassed by a coworker. Complained to human resources. A week after put on probation. I was number one in the company. They then tried to have me sit next to him my boss was even forceful about it. I went to human resources again to complain. They assulted me and Isolated me even micromanaging till I finally went crazy. I had a doctor tell me not to go back and get a lawyer-I'm on meds to sleep. He the finally okay'd me to go back. I'd rather kill myself- yet I don't have a new job. I missed a car payment. What do I do? One lawyer tells me I should stay another says quit. I have no money to quit. One tells me I don't have a strong case if I do quit. The other says not to worry I do have a better case if I quit. I'd love to quit and sleep be normal-can I get unemployment if I quit?
Harassment has a very specific meaning under the law and I'm not certain that you have a viable claim for harassment (of any form) based on the information you have provided above. It appears that you have consulted with at least two attorneys; why not retain one of them and avoid divulging information relevant to your potential claims here on ? You may have multiple claims (e.g., sexual harassment, failure to prevent harassment, wrongful constructive discharge in violation of public policies--if you quit, etc.), and you should explore and pursue them with a knowledgeable employment attorney. As for unemployment benefits, you may be able to successfully argue that you were compelled to quit your job because of the harassment you allegedly endured; that you had “good cause” to quit given the circumstances. The legal basis for this argument may be found at California Unemployment Insurance Code § 1256.5 (and corresponding sections of the California Code of Regulations). If you can establish this, then you may be eligible for unemployment benefits.
I'm sorry to hear about this. It sounds truly awful. Added to that is the seemingly conflicting information you've received from different attorneys!
First, any response to this situation will turn on specific facts. The board is not set up to handle the kind of detailed analysis needed to offer helpful guidance. works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on so they are not confidential. The employer or whomever is involved in the dispute can read everything written here.
Normally I would suggest you follow the advice an your attorney, but you don't really have one and you've received contrary advice. Without knowing the facts, it is impossible to know which attorney has given you better advice, or if either of them has given you good advice. Unfortunately, you will have to make that decision for yourself. Which attorney made more sense? Which one has the best experience? Which one has been practicing longer? Which went to a better law school? None of these factors guarantee quality, but adding together factors may give you an idea. That said, I've known some really horrible lawyers who went to Harvard and practiced for decades before getting disbarred. And some of the best attorneys I know went to mediocre schools. In the long run, you should go with the attorney you feel the most comfortable with, who makes the most sense, and who seems to genuinely care about what happened to you.
You may want to know a bit about the law of harassment. Unlawful harassment is a form of discrimination. To be unlawful, the harassment must be must be based on a protected category, such as race, sex, religion, disability, age (40 and over), pregnancy, or genetic information. Harassment can include verbal conduct, slurs, derogatory comments, comments or questions about a person's body, appearance, religious, or sexual activity, or indication of stereotyping. Harassment can also include offensive gestures, sexually suggestive eye contact or looks, mimicking the employee in an insulting way, and derogatory or graphic posters, cartoons or drawings.
Harassment is unlawful when the conduct is either severe or pervasive enough to create an abusive environment. Severe conduct would include most physical contact and many types of threatening, vulgar or degrading conduct. Pervasive conduct is widespread, happens frequently and/or in many situations. One offensive statement is not pervasive, but the same comment made over and over again may be pervasive.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.
I hope you can resolve your situation and wish you the best.