Q: I work at a company that I like, but they assigned me to a particular person, my boss for several months now, who is just awful. Others have complained, and I have informed human resources twice.They are not taking action. Finally, I am at a point where I feel I have to get out of here — but not by choice. If I tender my resignation and tell them why, am I able to get unemployment benefits?
W.C., Anaheim
Ron SokolA: Constructive discharge means you left (quit) your job because the working conditions were intolerable, and it was, in fact, reasonable that you felt forced to resign. This could be as a result of continuing discrimination or harassment, unsafe or dangerous working conditions, substantial and unjustified pay reduction or demotion, or that you were retaliated against for disclosing illegal activity.
Often, when you leave a job, you are disqualified from unemployment benefits. But California Insurance Code Section 1256 indicates you may still qualify for unemployment if you can show that you had good cause to leave. This means you meet the definition of constructive discharge.
When you fill out the Employment Development Department application for unemployment benefits, you will set forth the reason(s) for leaving and that you reported the situation to HR but the problems were not corrected. As such, you felt forced to resign and are seeking new employment.
I cannot predict whether the employer will contest your application. Thus, consultation with qualified counsel now — including how to best handle this unfortunate situation — is certainly advisable.
Q: I have seen my doctor twice, and she is going to give me a note that I should not return to work at this time because of stress and anxiety. Where I am working is just not safe. Am I entitled to any benefits?
R.M., Woodland Hills
A: If the doctor’s note indicates that you cannot work for medical reasons — which can include mental health — you may apply for state disability insurance through the EDD. Research indicates this can provide about 60 to 70% of your usual pay for up to one year. You will be on medical leave.
If the employer has five or more employees, and you have worked there 12 months or more (and 1,250 hours the prior year), you may be entitled to protected medical leave under the California Family Right Acts or the Family and Medical Leave Act. If so, you would be entitled for up to 12 weeks of unpaid, but job-protected, leave.
California Civil Rights Agency
Formerly known as the California Department of Fair Employment and Housing, the California Civil Rights Agency seeks to protect people from unlawful discrimination in employment, housing, businesses and state-funded problems, as well as from bias-motivated violence and human trafficking. This online link has useful information: calcivilrights.ca.gov.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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