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Can i claim unemployment if I quit under duress? My employment history is clean with my company.
Anonymous2 views4 answers
I went on disability for a few months and came back with my boss harassing me. He treats me like I'm the worst employee there. I used to be his favorite employee before I went on disability. He's having me do a lot of grunt work now and only talks to me via email. The emails are childish and rude at times. When he spoke with me for the first time since I've been back, he made it seem like we're best friends and that he's there for me. I think it was just to show the other employees that nothing is wrong. He even went as far to ask me if I'm stressed out yet. He really wants me to quit. In the past, he used to rub my shoulders randomly, I never said anything because I needed the job. He does that to other past female employees.
To first answer your specific question, yes it is possible to get unemployment benefits if you resign but it will not be simple or guaranteed you will get them. Essentially you will have to establish to the EDD that you were forced to quit because you were being forced out and placed under untenable conditions.
Your situation seems to be a classic case of discrimination, harassment and/or retaliation based on your going out on a disability leave. Unless other events have occurred between the time you sought disability leave and now, it seems the only thing that could be motivating your boss's rude and abusive attitude is his disappointment or anger at you making the claim and taking time off. This is an unlawful motive under California and federal law.
You do have the option to quit. However, you need to understand the ramifications of such a move. By quitting instead of being fired, you give the employer an argument that you have no case for wrongful termination or for future losses. To avoid that result, you would need to prove that no reasonable employee under the circumstances you are being placed under could tolerate staying. This is a concept called "constructive discharge." If you can prove you were constructively discharged, the law will treat your resignation as a termination. If you cannot prove constructive discharge, you would not have any claim for wrongful termination or future financial losses.
If, on the other hand, you stay, you will be subjecting yourself to more harassment and retaliatory conduct. While that continued abuse might improve the damages you might be able to receive in a lawsuit, it will eat away at you emotionally and physically. Ultimately, you should never make a life decision based on whether it makes a better lawsuit. Always do what is best for you.
I think it is important that you consult with an attorney one-on-one very quickly to determine your best course of action. If you are going to resign, you will want to do so in a manner that makes clear the reasons for the resignation. Your attorney will help you through that process.
Yours is the type of claim that a contingency attorney would be interested in handling which means you will likely not have to pay any money to prosecute your rights. I suggest you contact one right away.
I wish you the very best of luck.
Pedersen Heck McQueen, APLC is an Irvine, California employee rights law firm assisting employees in all Southern California counties.
Whether or not you are entitled to unemployment insurance compensation depends upon whether you "abandoned your job"? If the EDD finds that you were forced to quit, then you would be entitled to unemployment compensation. It is unclear from the facts set forth whether the EDD would find that it was a "constructive discharge". I suggest that you consult with an experienced employment law attorney to determine your chances, before you quit.
I agree with Mr. Pedersen. Additionally, I suggest you keep a log of any comments, adverse actions or other funny business, starting with the day the first adverse action took place. Write down the date, time, what was said or done, who said or did it, and any witnesses. Be sure to include any complaints you made to HR, your boss or anyone. Keep your log at home, not at work, because you never know what will disappear.
Mr. Pedersen has given you a thoughtful, compassionate and legally sound answer. You may wish to contact him as you are close to his office. If not, uou can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
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I agree with the other attorneys on this. You really need to see an attorney about your disability issues. Do you need reasonable accommodation for your disability or disabilities? You can go on the Job Accommodation Network to find more information on reasonable accommodation. If you are treated badly because of your disability and are forced to resign because you can not get reasonable accommodation, then you may need to apply for disability insurance through the State of California EDD instead of applying for unemployment. You need to check this out because, if you are entitled to disability insurance, that may pay more than unemployment benefits. Look on the California Employment Lawyers Association website, www.cela.org, to find an attorney in your area.
Pam Pitt
www.pamelapitt.com
