Well, first, any contributions that she made into her 401(k) are hers, and can be rolled into a 401(k) with another employer, or an IRA at any financial institution. Contributions that the employer made depend on what the employer's rules for vesting is. Many companies fully vest after 5 years, but it's possible that she is at least partially vested in employer contributions. That means that she would get a portion of the money. She may want to talk to human resources or review the paperwork associated with her 401(k) before making a decision. If the job offers any sort of pension, that would likely be forfeited if she leaves, but it again depends on the specific plan and the company's policy, plus the type of account they have it in. The only way to be sure is to ask for copies of all documentation associated with the account, or to review what she has.
As far as a hostile work environment goes, legally, that term applies to inappropriate conduct based on sexual harassment. It has recently been extended in some cases of racial harassment
, but does not apply where an employer is generally unpleasant. The law presumes that the at-will nature of employment protects employees in that situation, because they can terminate their employment if the employer creates an uncomfortable work environment.
In some cases, unemployment benefits
may be collected where a person quits for good cause attributable to the employer. What the state looks at, on a case-by-case basis, is whether a reasonable person would have quit. She must make reasonable efforts to keep the job prior to leaving. As a starting point, that means that she would need to discuss the situation with the doctor that she works for (and it may be better to put it in writing).
If she is an exempt employee and her pay was docked because of that phone call, she could actually sue or file a Complaint with the state. That might also be an option.
If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.