Legal Question in Employment Law in California

My boss is a bully and verbally abuses me. I have reported the behavior to HR and was told I should keep quiet because he's my boss and complaining would make him mad and it would just affect my review. He threatened to replace me 3 times in one day. When I quit that afternoon I was told that I was being emotional and couldn't quit and I had a son to think about and should suck it up. Can I quit and file for unemployment?


Asked on 10/26/11, 10:31 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

EDD will require you prove 'justifiable' quit, and the burden of proof will be high. It's your risk to take. You'd be better off finding a new job before quitting.

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Answered on 10/26/11, 10:39 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The general rule is that an employee who quits their job is not eligible for unemployment benefits. An exception to this rule is if you can prove that the working conditions were so intolerable that no reasonable person would continue to work in the environment you were subjected to. But it will take something more than your statement that you had a bully boss. You must be able to convince the EDD that you did everything a person can do to preserve the working relationship, including making a formal complaint to human resources, regarding specific unreasonable abuses, and they willing unwilling or unable to help you. It would also help if you had medical confirmation of any adverse health issues your job was causing you. Everything should be documented because the burden of proving you quit with good cause will be on you.

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Answered on 10/26/11, 10:42 am


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