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Reputation: 6

Quit a Job, due to a hostile work environment. recourse?

My friend recently quit her job, in the middle of a confrontation with one of her co-workers. This co-worker, who was not technically her boss, is in charge of office policy. He saw it fit to criticize her work, and speak badly about her to her other co-workers and boss. It's been a hostile work environment for months. The other day, she just decided she had enough and quit.
Does she have any legal recourse against this jerk? can she claim unemployment?

4 Answers

  • Hey_girl_hey_small
    Reputation: 1383

    I would agree with my fellow expert. Unfortunately being a jerk doesn't always meet the strict criteria for harassment, which is actionable in civil court.

    It is possible to get unemployment benefits if one leaves a job voluntarily but the bar is set very high and your friend would likely have to have documentation such as HR complaints, times and dates of hostile behavior, etc.

    There are attorneys that specialize in labor law and some of them that represent workers might offer a free consultation.

    She might take a look at this firm (caveat: this was the top Google search result, I have no personal experience with this firm):

    http://www.waemploymentlaw.com/CM/Custom/TOCPracticeAreaDescriptions.asp

    Wish her luck for me.

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  • N10706249_4458_small
    Reputation: 108

    Echoing everyone else! You almost always need an established history of complaints against someone and proof the employer did nothing/not enough to address those complaints to prove a hostile work environment.

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  • Sc1idhgx4wmtvlgenoi-akevupvns1-5yp28-prsw3ikquo_xjbs_0m35g-qaxfa_small
    Reputation: 6

    Since your friend quit voluntarily, the burden of proof is on her if she wants to get unemployment benefits, and even then I think the qualifications for unemployment due to a voluntary quit have gotten *very* stringent over the past couple of years.

    Bottom line, if your friend never went to HR about the problems she was having or she didn't document the degradation of her work situation as it was happening, then she is very unlikely to qualify for unemployment. But it's worth a shot, and she may want to try and get some of her other co-workers to back up her claim by writing a letter backing her up that could be included with the claim forms.

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  • Picture_of_me_small
    Reputation: 33

    There may not be anything your friend can do as you have described the events that led to her quitting. If your friend had filed some kind of harrassment charges then she may have some legal ground.
    Doesn't sound like unemployment benefits are an option, but just in case, your friend can always try through the ESD (Employment Security Department). All they can do is say No.

    Best Wishes to your Friend!

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