Employment Law Questions? Ask an Employment Lawyer.
Thank you for trusting your question to JA today. I’m happy to be of assistance.
In most instances, no you would not be able to do so. In order to be able to quit, you have to establish circumstances directly attributable to the employer that are so harsh that any employee in like circumstances would quit. The state is very critical of these situations, applying a standard that is very high.
You would have to establish a fairly long history of harassment which you have addressed the employer on numerous occasions which has gone uncorrected by the employer. Then you'd need to show an ultimatum where you basically give the employer a final chance to resolve the issue or you'll be forced to quit.
Even then, the state would consider the actual underlying facts surrounding the harassment and if it amounts to what they would call "office politics" it will not be sufficient to allow unemployment. You would bear the burden of proving your claim.
If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have question concerning a different matter.
No problem. I do wish I could give a more favorable response, but that's the law in this situation.
Good luck going forward.
Sorry, I have to be the last to respond or it tells me you have unanswered questions.
I do not charge a fee. I'm just a contractor with JA.
The site says that you can ask questions for free. You are only charged if you accept the response. That way, if you are unsatisfied with the response, you can choose not to accept the answer.
To speak to me in my office, you'd be charged approximately $250 an hour.