Legal Question in Employment Law in California

Verbal Abuse/ Hostile Workplace: What are my options ?

I have been the recipent of continued verbal abuse (name calling, profanity, swearing, and speaking down to me as if I was a child) by the local manager. Recently a fellow employee, who kisses up to the manager, yelled at me and used profanity against me, also in earshot of the manager, who did nothing to stop it.

I wish to resign ASAP, butI wish to be able to have my UI payments, until I can find work at another establishment.

Any advice on what I should do and if I can collect UI if I quit? I am at my rope end with these people and I need to know my rights in this matter.

I live and work in the Sacramento area, BTW.


Asked on 8/12/02, 2:57 am

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Verbal Abuse/ Hostile Workplace: What are my options ?

While it is true that you cannot collect unemployment benefits if you voluntarily quit your job, an exception is made if you can prove you quit for good cause.

This is not easy to do, and it is not enough to say that you were verbally abused. It would help if you produced medical records confirming that the abuse is taking a toll on your health. And it is essential that you show that you complained to the employer to put them on notice and give them an opportunity to correct the problem.

If you've done everything possible to stop the abuse and it continues, having an adverse effect on your health, you will have a much better chance of proving "good cause" and getting the benefits.

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Answered on 8/13/02, 12:40 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Verbal Abuse/ Hostile Workplace: What are my options ?

You cannot receive UI if you quit. Absent a "special condition"-disability of protected class-employers are allowed to be jerks to their employees. Unless you have a strong case for discrimination or a disability, I suggest you find another job-Martin.

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Answered on 8/12/02, 8:15 pm


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