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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I have been working for a company for only a couple of

Customer Question

I have been working for a company for only a couple of months, but there have been a few issues regarding a sexual harassment claim (by me on another employee) and I have not felt safe going into work. I've had several anxiety attacks, etc and have had to call in, I've been late to work (this is not my normal behavior) HR is aware and is "investigating" but while they do this, I do not feel comfortable going to work. I do not want to get fired. I'm thinking about just finding another job, but cannot lose the income. Is this something I can where I can resign and collect unemployment while I look for another job? I feel I have no other choice. I feel I'm being reprimanded for the way I'm responding to the harassment by not coming to work, etc. and I have missed out on a few things due to this other employees presence. I have a lot more information around this issue, but I'd like to know what I can do here before I make a major move in the wrong direction. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 1 year ago.

I am very sorry to hear about this sexual harassment.

Your employer has an obligation to take reasonable measures to prevent the harassment from continuing. So, if there is more that they can reasonably be doing to ensure you are protected from the harasser (i.e. transferring you or the harasser to a separate department, forcing the harasser to undergo sexual harassment training, etc.) they are required to do so. If you believe there is more that can be done it would be prudent to tell your employer in writing.

As far as quitting is concerned, quitting will result in disqualification from unemployment benefits unless you can demonstrate that you quit for reasons amounting to "good cause." This is a very high standard that would require you showing that no reasonable person genuinely desirous of remaining employed would have done so under the circumstances. Depending on the severity of the sexual harassment allegations and the adequacy of your employer's response to them, you may or may not succeed in meeting this standard. It would be a risk, and the downside would be that you find yourself unemployed with no way to support yourself. So, generally speaking, it is better to avoid that risk and only quit once you've found other employment.

Expert:  Patrick, Esq. replied 1 year ago.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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