Legal Question in Employment Law in California
I recently resigned from a large bank where I worked as a call center supervisor; due to my manager refusing to address complaints from myself, one of my employees and another supervisor that myself and my employee was working in an hostile working environment that may turn toxic..the request to move this employee to another team went without be corrected 7 mos. We had meetings and employee was visibly uncomfortable. I began to experience anxiety attacks from nowhere, I had to get medication- the situation never changed but only got worst when I returned from a very short medical leave. Upon my return my manager explained my employees had concerns because I had taken leave and other negative comments and concerns...I felt that since the environment was hostile and no one willing to correct situation that I was forced to resign after 9 years of service and having worked in several other centers without incident.
Do I have a claim to receive UE compensation? Can I file a case for disparate treatment, impact?
2 Answers from Attorneys
Because you resigned, it would be very difficult to receive UE benefits. However, due to your anxiety attacks that appears to be work-related, you would have a better arguement to qualify for disability under worker's compensation. Feel free to call us at 213.388.7070 for a free consultation.
Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.
Resigning will bar you from EDD benefits unless you can show legally justified reason to quit. The facts will determine that too.
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