Can I Collect Unemployment If I Quit Due To Bullying?
A Reader Asks This Question:
Am I eligible for Unemployment if I quit because my supervisor and employee bullies me?
I started working for this company almost a year ago. The job is wonderful. The hours are perfect. I have made many friends at my work. The only problem with my “new” job is my supervisor. He is always talking down to me in a degrading manner. He was fine the first few months, then things got sour. March 1st, another employee moved to my desk and we had to start sharing. I work early in the mornings and he works nights. He downloaded so many games onto our computer that it crashed. When I brought this up to the branch manager, he said he didn’t care, that he didn’t have time to get involved and asked me to fix it. So I spent 2 days deleting all of the junk and viruses off of the comp. My new “deskmate” decided that deleting all of his games was disrespectful and wanted to retaliate. He would go out of his way during his shift at work to mess with all of the computer settings, put all of my office supplies in the breakroom, etc. I felt like this was such a petty thing to get upset over and drag my “too busy” boss into, so I wrote him a note that said, “This is now OUR desk. We need to SHARE. I dont mind if your change all the settings, but please leave MY stuff alone. Thank you.” Eventually, my boss got the note, yet neglected the employee conflict assuming it would dissolve on its own. April 15th (my birthday), I came into my office, and to my surprise, all my stuff was there! I was ecstatic! I sat on my chair and the entire thing fell apart! My deskmate took the time to unscrew all 6 screws in my chair! I was really upset so I told my supervisor. Word for word, he said, “I’m tired of you two fighting like little fucking girls” and walked away. When I told the branch manager, he’s resolution was to explain to me how the people here are set in their ways and some people are just hotheaded. Being that I am a tiny, 21 y/o girl, he thinks that I should have to EARN everyone’s respect, and be their doormat until then. I may be young, but I have worked for enough companies to know that management should be setting an example for their employees.. management shouldn’t neglect employee conflicts.. and management DEFINITELY shouldn’t be telling their employees “fuck off” I am a very hard worker and I don’t deserve to work in such a hostile environment. I dread coming to work because of the way my supervisors treat me on a day-to-day basis. I need to quit. I need a new job. But I need unemployment benefits to fill in the gap. Does anyone know if this is possible? or advice as to how to make the workplace more comfortable? I am desperate for a change.
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10 Responses to Can I Collect Unemployment If I Quit Due To Bullying?
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Hi thank you for your well written article it is very helpful as I am in a desperate work dilemma.
I have worked for the same company for 20 years with a few breaks (baby etc). We suddenly have a new owner, new mgmt and i have a new supervisor. It has been a nightmare. I feel like I am in kindergarten. She talks down to me, stalks me, criticizes my work but never offers any suggestions for improvement or articulates what she does want. I am losing sleep, taking it out on my family and feel like I am going to have a break down. I went to HR to report a hostile work environment. So far they have been helpful but who knows i dont trust them at all. Should I file WC to protect myself? I have never heard of this and appreciate your advice.
Thank you,
Sad, beaten down, hard working Mom
@Wendy, be sure to go to YOUR doctor if you file a claim, not theirs. If you file a WC claim though, you can’t sue your employer. Tit for tat.
If your current doctor thinks your condition warrants it, he/she can put you on temporary disability. Discuss that with your doctor.
So you think I should file a Workers Copensation claim when my four weeks of leave is up, which I Bo na k to my doctor too before then. I am also having to get counseling each week for my emotional distress and depression. I greatly appreciate your help! If you think of anything else please le me know. Thank you!!
@Wendy, file a worker’s comp claim for job related stress. I’m dead serious. It will put you in a protected class and he won’t be able to fire you. If he does, his butt is toast. Maybe that’s why he won’t lay you off, because you were out on FMLA and he knows it would look like retaliation. But you know, shifting your job around like that smells of retaliation, too.
Speaking of retaliation, download my free report in the upper right-hand corner of this page. It will give you all kinds of ammunition to fight this jerk. “10 Things That Managers Do To Get Sued…And Lose In Court” Employees don’t know about this stuff and employers are PRAYING you never find out.
@ Admin, thank you for your response so quickly. My new CEO recently had me post my own job description as well for a new HR Manager. He has also put me as the second backup person on the phones. I was the Administrator and helped with the phones about two years ago, I was promoted to HR Assistant in January 2008, so he’s also demoting me. I’m already out on FMLA leave for four weeks due to my emotional distress from his retaliation. I’ve been out two weeks and have two more I can be out. I don’t think I can take anymore. I’ve been there 11 years, why is he not giving a severance pay I’d just laid me off if he just don’t like me or something. I just don’t k.ow what to do! Thanks for your advice, I sure need someone to help me figure this out.
@Wendy, (I am not an attorney and this is not legal advice.) If you are treated any differently after you file a claim, that’s relatiation and that’s illegal. Keep documenting EVERYTHING. If you quit and you still want to collect unemployment, your reason for quitting has to be constructive discharge. Click that link to read about it. I would also contact or Google your state’s unemployment office to find out more. If you quit and you file, the unemployment office will request a hearing of determination to figure out if you’re eligible. It’s better to have all of your ducks in a row BEFORE you quit.
Can you collect unemployment after you’ve put in an EEOC Claim and now being harassed by the CEO and other staff? I have been at my job for 11 years and have a new CEO since last July, he doesn’t communicate with me and Im an HR Asst. he meet with me to weeks ago about a complaint I made and he says its me. he told me I need to start using my brain, he didn’t k.ow who use to think for me and use common sense. I use my brain and common sense long before he came there. I’m 40 years old and been here for 11 years. I have all emails, documentation. If I quit could I collect unemployment? Thanks in advance.
I believe you have a chance of 40% since the supervisor didn’t do it without any reasons. But if the supervisor is noted about your problem and is not doing anything to solve the problem then there should be a greater possibility.
The chances of you still being able to collect unemployment under your circumstances are very good. Document everything just has you have here and request a hearing from your unemployment office.
There are very few reasons that you can get unemployment for quitting your job. Harassment by a supervisor is one of them. I fell under this category and after a hearing won the case. Continuous harassment by a fellow employee is another only if after you go through the proper channels with no remedy. States differ on UI claims. I would check your Department of Labor website and you should find some information helping you, including precedents that may answer your question. I will include some from NYS and maybe that will give you an idea if you have a legitimate claim.