Legal Question in Employment Law in Alabama

Re: unemployment benefits.

You might be eligible for unemployment benefits. But I would suspect they would challenge it and employees are at a disadvantage in such challenges. If you resigned of your own volition, then technically you are not eligible for unemployment. If you were basically forced into resignation because of their failures then you should be eligible. But it's iffy.

But is this harassment sexual in nature? If so, then you need to do a couple of things to protect your rights - first is get proof of the harassment and second is to complain in writing. If the harassment is sexual then you can recover damages against the employer if they fail to take action to prevent further harassment. The question though is whether it is sufficiently severe and pervasive. You need to perhaps record the harassment and play that for your managers.

It is important to make several complaints and for the harassment to continue and for management to basically do nothing (or alternatively fire you).

If all that is done, and they have failed to take action, then your resignation becomes easier to defend in an unemployment context and your chances of recovery in a sexual harassment suit grow exponentially.

Any further questions, please do not hesitate to send an email at [email protected]

Sterling L. DeRamus, Attorney at Law

Birmingham, Alabama