Thank you for your question.
Let me start by explaining the law in this area and then we can talk specifically about your specific situation. Employment law
in New York, and throughout the United States, is very biased in favor of the employer. Most employees fall under what is known as the At Will
Doctrine, unless the employee has a written employment agreement which defines the terms of employment. Under the At Will Doctrine, the employer is free to treat the employer as it wants to, including creating a hostile work environment by harassing or treating an employee unfairly, as long as the harassment is not based on an employee's race, gender, age, disability, religion, national origin, political affiliation or belief, genetics, arrest and conviction record, marital status, genetic predisposition and carrier status, veteran status, sexual orientation, or retaliation
Further, you are eligible for unemployment in New York if you must have worked and been paid wages
for work in at least two calendar quarters in your base period,
You must have been paid at least $1,600 in wages in one of the calendar quarters in your base period,
The total wages paid to you in your base period must be one and one-half times your high quarter wages.
Further, you must have not resigned from your employment without just cause which constitutes a constructive termination
A constructive termination will be found where illegal employment discrimination
is occurring which causes you to have to quit because of the hostile work environment.
Now, in your situation, you have stated that you want to resign because there is a hostile work environment. Given the law as stated above, do you believe the hostile work environment has an illegal discriminatory basis? If so, please explain further.