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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31698
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Do you also answer questions about unemployment? I am hanging

Resolved Question:

Do you also answer questions about unemployment? I am hanging on to my current job with a supervisor who stressed me out so much that I wanted to resign. The new HR rep. whom I talked to make me think may be I am no longer fit the changed expectation in work schedule. My supervisor actually did ask me to look at other jobs because he thought my skill set doesn't match my job. However, I am afraid I will not get unemployment. I have already applied for at least 10 jobs internally and externally, but didn't get a new job offer yet. I am seeing a councelor currently and she and my doctor agreed I can take 2 weeks sick leave for our condition.

Thank you.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

What is the condition you are suffering from?

What type of actions does the supervisor take against you?

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or something else?

Customer: replied 2 years ago.

Tina

 

Thank you for your respose. Currently, I am emotionally upset and stressed. Physically, I have neck and should pain due to stress. My supervisor expected me to a have more rigid work schedule and keep computer usage to 6 hours a day, but be in office 8 hours a day with no working from home, as I did before. I understand there was nothing wrong with what he said according to HR rep and company policy. I was trying to comply to it. I have been working a couple evenings in office and Saturdays now to get necessary work done. I just have a longer backlog or turnaround time on my emails and documents. Before this, I wasn't happy about how I was treated since I have my supervisor last year. I want to send you some extracts of my notes and emails for your reference. I can't attach on the this message. I think my supevisor is biased, based on judgements without full knowledge of what I do. I did update him on what I was doing occasionally. He is busy with his projects and meetings. I was asked to put together questions for my own feedback for my supervisor to use, to get feedback on my performance. I asked for my own feedback from people at year end also, as I believe my supervisor didn't.

 

Thank you.

 

Evelyn

 

 

 

 

 

Expert:  Tina replied 2 years ago.
Thank you for the additional information Evelyn.

I would be happy to review any information you post here, but I cannot review documents outside of this forum based on the website's terms of service.

Unless you have a contract or a disability that must be accommodated, or are experiencing discrimination based on a protected classification, the employer does normally have the unilateral right to dictate the terms of employment.

If they terminate you for performance issues, you would normally be entitled to unemployment benefits, assuming you have not violated any employer policies.

If you resign, the burden is typically on you to prove there was good cause to resign and that you exhausted your alternatives in attempting to resolve the issues with this employer. Good cause could include evidence that working conditions are so poor a reasonable person would be compelled to quit, which is often difficult to prove.

Therefore, it is usually best to be terminated without good cause if you wish to have a good chance of obtaining unemployment benefits.

I hope you found my answer helpful, even if the law is not in your favor; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.



Tina, Attorney
Satisfied Customers: 31698
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you

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