Quit due to hostile work environment

Discussion in 'Termination: Firing & Resignation' started by guild55, Dec 27, 2008.

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  1. guild55

    guild55 Law Topic Starter New Member

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    I quit my job due to a hostile work environment by the new management, 5 months ago. They are now disputing my unemployment benefits and have requested repayment after I had been receiving it for 3 in a half months. I have a letter from the owner of the company stating I was one of the best employees he has ever had, yet their position for court is that I quit my job because I did not want to improve upon my "poor work performance."

    Is a hostile work enviorment a legitimate reason to leave a job and still collect unemployment?
     
  2. cbg

    cbg Super Moderator

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    The term, hostile work environment, has a very specific meaning under employment law. About 85% of the posts I see from people claiming a hostile work environment do not meet the legal definition.

    You will have to tell us more about what was happening before anyone can provide an informed opinion as to first, whether you were legally in an HWE and second, if it was sufficient to qualify you for UI. You should also include your state as all unemployment claims are state specific.
     
  3. guild55

    guild55 Law Topic Starter New Member

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    Hostile work environment

    My owner hired a manager 4 months ago, he was hired to clean house ( we were made aware of this in a meeting when the manager first started that some of the employees would make it and others would not). In 7/08, I came into the office on Monday morning and my manager had moved my desk right next to his, with all of my things thrown on my desk. During that day, he grabbed a paper out of my hand that I was working on, asking me what I was doing and stated to get the fuck out of the office as he did not need me there.
    I went to the owener to notify him of the incident and he stated that the manager had the sales staff due their own scheduling last Friday when I was out and now he wants them to continue to do this. Therefore, they no longer needed me to do that job and he did not have another one for me. He stated he was not going to lay me off or fire me as he did not want to pay unemployment benefits.

    I live in California and after 2 phone interviews with the Unemployment office in 8/08, I have been receiving benefits ever since.
     
  4. cbg

    cbg Super Moderator

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    What you describe does not meet the legal definition of a hostile work environment.
     
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