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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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If you leave a job because you were or are afraid of your bosss

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If you leave a job because you were or are afraid of your boss's erratic behavior are you able to collect unemployment and do they have to pay me for any earned vacation time I have not used? Let me clarify the leaving part I was getting yelled at by my boss because she mis-understood something I said....it was a normal rep-remand she goes off on a screaming rampage at someone every other day or week.....I've worked there for 4 years and up until this year I've only seen her in the office 4 times.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is a common situation,

wallstreetfighter :

in order to collect unemployment when you resign, you have to show good cause for leaving,

wallstreetfighter :

good cause is a heavy burden of proof, and in order to show this, you will need evidence that the work conditions have become so intolerable that you had no other option but to leave.

wallstreetfighter :

What you would first have to do is send a detailed letter to the employer or HR, stating the events that have led to you making such a decision, and advise them that if the actions of the employer do not change you will have no other option but to resign,

wallstreetfighter :

and consider a constructive discharge lawsuit,

wallstreetfighter :

a constructive discharge lawsuit is when an employee feels they have no other option but to resign, due to the employer creating such a harsh work environment,

wallstreetfighter :

if you have documented evidence of the work conditions, and have given the employer an opportunity to remedy the issues,

wallstreetfighter :

then you can consider quitting, and applying for unemployment benefits, as you can show through your letters,

Customer:

My issue is this is a family owned business and our "human resourse" dept is another co-worker who just chalks this behavior up to how "she is"

wallstreetfighter :

the intolerable work conditions,

wallstreetfighter :

and that you have given them an opportunity to change, and they failed

wallstreetfighter :

That is fine, you should send a dated letter, or email to them, and if they fail to act,

wallstreetfighter :

you have the letter as evidence, you should also threaten a constructive discharge lawsuit,

wallstreetfighter :

which is when the employer creates such a harsh work environment, that you feel you have no other option but to resign,

Customer:

Ok so I need to write a letter that states the date of this situation and what about the prior dates...I really don't know them because I just kept trying to do my job and "ignore" the situation .

wallstreetfighter :

You should list all the prior events,

wallstreetfighter :

I would submit several letters, and continue to document any future events as well,

wallstreetfighter :

the legal test for “good cause” is fairly strict. An employee who quits because she is being asked to do something that is against the law, has “good cause.” An employee who quits due to repeated, persistent, illegal discrimination has “good cause.”


An employee who quits because the office is stressful and chaotic, and she is being blamed for other people’s mistakes, does not have “good cause.”

Customer:

The problem is I left the job on Thursday went in to talk to the co-owner (my boss) and he told me this is something I have to resolve with her...since this I haven't been back.

wallstreetfighter :

Before you apply for benefits, you should try to speak to the partner,

Customer:

I never said I quit and my boss told me if I was ever uncomfortable with how she was acting I could leave and would get p[aid for that time...however my attempt in doing that has led me to where I am now.

wallstreetfighter :

and see what she says, it may be possible that when you go back, she would state you are fired, and then you can file for benefits, and claim you were terminated,

wallstreetfighter :

and you can get benefits.

wallstreetfighter :

It may be possible that when you go back, they settle with you, and allow you to leave and collect benefits,

Customer:

OK thank you...I will have to try that because I can't be without income and I've never just walked out on a job.

wallstreetfighter :

At this point you need to go back and try to resolve the matter, if you never quit,

wallstreetfighter :

you should state that,

wallstreetfighter :

and let them fire you

Customer:

I did state that to one of the boss's but if he relayed that or not I don't know.

Customer:

Thank you for your time and advice. Have a great day.

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

Customer:

thanks.

wallstreetfighter :

If satisfied please provide us with positive feedback.

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