Legal Question in Employment Law in California

Toxic Work Environment

My work place is what I would call a toxic work environment. There is one person in the dept who thinks she knows it all and makes life hell for everyone. She has a very aggressive personality and will take over your area of responsibility with no qualms. But god forbid if you even put a toe in her area. She yells at people, is generally disagreeable and spreads rumors about people. I have become a nervous wreck from working around her. Especially after she convinced upper mgmt to fire our boss - the Director of HR.

I'm going to leave because I can't take it anymore. Would I be eligible for UI since I'll voluntarily quit?


Asked on 11/03/05, 1:01 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Toxic Work Environment

You probably won't be able to receive unemployment benefits if you quit under the circumstances you describe. Quitting a job is grounds to deny benefits unless you can prove you did so for good cause. But most cases where an employee quits because the job is difficult, stressful, or the employee has problems with other employees are not not ususally considered good cause.

If you can show that the employer knowingly encouraged or allowed the conduct to continue and you have medical documentation that it was making you ill, you may have a chance of convincing an administrative law judge that you quit for good cause. But it takes specific evidence of notice and improper conduct, not just that this was a bad place to work. The theory is that it is better to have a bad job than no job at all.

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Answered on 11/05/05, 2:53 am


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