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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4890
Experience:  Extensive experience representing employees and management
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I have to leave my job due to the constant nitpicking and intimidation

Resolved Question:

I have to leave my job due to the constant nitpicking and intimidation shown me by my boss. I cannot tolerate the situtation any longer. I have sought out medical help through the hospital where I work as well as outside medical care. We are being downsized due to technology and they will not lay us off. They are making us use our vacation days or taking a day off w/o pay. I am running out of vacation days and will soon be going w/o pay. When I asked why don't they lay us off due to no work she laughed in my face and said they will never lay you off. They just make it an unbearable environment in which to work. We will have to pick up the medical costs ourselves if we don't have any vacation days left. I cannot sleep for fear of making a mistake and being written up so they have cause to fire me. I dread each morning. The morale in the department could not get any lower. I went to HR and it was a total joke. I was told if my boss tells me to sweep the floor ask where the broom is. I am a professional employee and have been a Medical Transcriptionist for 20+ years and with this particular hospital for almost 8 years. I have never been treated this way and this is a major local hospital. I have tried transfers only they never answer any of our requests. Please tell me what to do. I just don't want to quit as there are really no jobs available anymore for transcriptionists but I do need unemployment insurance so that I can reinvent myself in another line of work. Thank you.
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.

Hello, My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

 

Can you tell me if you have reason to believe that you are being subject to this treatment by your boss due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, or age)?

 

Also, can you tell me what question you have regarding your situation? (JustAnswer experts cannot 'tell you what to do' as that would definitely constitute legal advice not legal information).

Customer: replied 9 months ago.


My question does not involve any of the protected characteristics you mention above. My question is: can I quit my job but receive unemployment insurance? I have a doctor, a psychiatrist, who has been helping me with the stress. He is willing to write a letter for me stating this job is injurious to my mental and physical health.

Expert:  Joseph replied 9 months ago.
Yes, you can quit your job and still be eligible for unemployment benefits, since you can demonstrate that you had 'good cause' for leaving your job.

In order to do so, you would need to be able to prove that a reasonable person in the same circumstances who wanted to stay employed would also leave his or her employment in the same circumstances.

Due to the treatment that you've experienced and your doctor's testimony, you would likely be able to prove that you had good cause to leave your job, since a reasonable person who wanted to stay employed would also have left his or her job in the same situation.

You can read more about a voluntary quit here:

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_5.htm#GoodCause

It does seem like it would be a battle with your employer when you do claim unemployment benefits, and the only absolute guarantee to receive unemployment benefits is if you are terminated through no fault of your own.

But as good causes for voluntary quits go, you definitely seem to have a strong one.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Customer: replied 9 months ago.

If I quit should I present my doctor's letter to my employer or only to the Unemployment Department upon requesting unemployment? I would think showing my employer the doctor's letter may be detrimental to me rather than helpful. Do you agree?

Expert:  Joseph replied 9 months ago.
I agree.

It wouldn't be necessary to present the letter to your employer, but it would be useful to present to EDD if they request additional documentation. (You don't need to supply it with your actual application).

Customer: replied 9 months ago.


Ok. Thank you very much for your help. You have answered my questions and I will check out the website you gave me.


 


Have a good night!

Expert:  Joseph replied 9 months ago.
Thank you.

Have a great night yourself and best of luck!
Joseph, Lawyer
Satisfied Customers: 4890
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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