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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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The enviorment I am working in at this time is abusive. My

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The enviorment I am working in at this time is abusive. My employer is frequently yelling at me or putting my work ethics down. Most of the time this has been in front of other employee's and patients. I am constantly feeling like I am stepping on toes and afraid to even ask him a question. I am not an unexperienced employee as I have over thirty years experience in the field I am working. I am at a point where I do not even want to go to work and quit but that is against what I know is the right thing to do. I would like to know how to handle this legally and would I be able to collect unemployment until I am able to find another job if I do quit.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Right now, to be able to collect unemployment when you quit, is very difficult to do. Unemployment uses a reasonable person standard when deciding whether or not you grant unemployment when a person quits.

So, you have to establish a few things. First, you have to confront the employer with the issues, specifically stating that you will be forced to quit if the harassment is not addressed. It is best if this is in writing, so no one can argue what was said. It doesn't need to be any sort of formal language, but it just needs to include the facts that outline the harassment, a request that it be resolved and that, if not, you'll have to quit.

Then you need to wait it out a bit. You have to give the employer the opportunity to cure following that specific notice from you. Document what steps the employer either takes or does not take. If the issue is not resolved, then you have your argument established for fighting for unemployment.

The other issue though is the seriousness of the harassment. All you can do there is document what you believe to be the harassment and hope that it is convincing enough to unemployment that any "reasonable person" would have left under the circumstances. Given the present job market though, unemployment is considering it less and less reasonable for people to leave a paying job. Your facts, which easily could have been enough two or three years ago, might not rise to the level of harassment necessary to win. You take a risk by quitting and hoping for unemployment.
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