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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4868
Experience:  Extensive experience representing employees and management
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Can I put my 2 weeks notice in to quit because of what I feel

Resolved Question:

Can I put my 2 weeks notice in to quit because of what I feel is a hostile work environment?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Joseph replied 10 months ago.
Hello and welcome to JustAnswer!

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Can you tell me if you have an employment contract with your employer or are an at-will employee?
Expert:  Joseph replied 10 months ago.
Hello Dustin,

As an at-will employee, you can quit your job at any time for any reason with or without any prior notice. You need not site a reason, but you can state that you believe the work environment to be hostile as the basis for you quitting.

That said, I would suggest that you try to be terminated (if at all possible) instead of resigning if you intend to collect unemployment benefits. In order to collect unemployment benefits you would need to be able to prove that you quit for good cause. Good cause is defined as a reason that you make a reasonable person in the same circumstances also leave his or her job in the same circumstances.

This is important, since while you may perceive the environment to be hostile, the EDD or a judge may not think that you have sufficient proof to establish good cause, so you would wind up not receiving unemployment benefits. If you are going to quit you need to go to your employer first to try to resolve the problem, otherwise you would waive your right to claim that you quit for good cause.

However, if you are terminated, then you are presumed eligible for unemployment benefits, and it would be your employer’s obligation to prove that you were terminated for cause rather than through no fault of your own.
Joseph, Lawyer
Satisfied Customers: 4868
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 10 months ago.
Hello Dustin,

Please let me know if you have any questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4868
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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