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  1. #1

    Question California Unemployment Claim - Voluntary Quit Due To Working Conditions

    My question involves unemployment benefits for the state of: California.

    I have worked as an instructor for almost 9 years at a vocational school in the Los Angeles area. In January, a new Executive Director of the school was put in. 28 years old and very unprofessional, he mocked minorities (students and faculty) and monitored my classroom through cameras without first warning me.

    I became very uncomfortable in this environment and contacted the head of HR. She investigated and found that there was no illegal activity and no cause to terminate the Executive Director. However, she assured me the above situations would not happen again. She also said they would not contest an unemployment claim if I resign. I have grown very uncomfortable in this environment of unethical behavior and am in no condition to return to work. I talked to a doctor, who wrote me a perscription of Xanax and said they would sign disability papers for a month.

    My questions are:
    Should I claim disability before unemployment...or should I just go straight to the unemployment claim?

    Since this would be a voluntary resignation, would my unemployment claim even be approved? How so?

    Thank you so much for reading. I would appreciate any help you can provide.

  2. #2
    panther10758 Guest

    Default Re: California Unemployment Claim - Voluntary Quit - Working Conditions

    Generally when you resign you are not allowed to collect unemployment. However you can certainly file and appeal if denied

  3. #3
    Join Date
    Aug 2007
    Posts
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    Default Re: California Unemployment Claim - Voluntary Quit Due To Working Conditions

    Quote Quoting poorworkingconditions
    View Post
    She also said they would not contest an unemployment claim if I resign. I have grown very uncomfortable in this environment of unethical behavior and am in no condition to return to work. I talked to a doctor, who wrote me a perscription of Xanax and said they would sign disability papers for a month.

    My questions are:
    Should I claim disability before unemployment...or should I just go straight to the unemployment claim?

    Since this would be a voluntary resignation, would my unemployment claim even be approved? How so?

    Thank you so much for reading. I would appreciate any help you can provide.

    CA courts recognize that an employee can be subjected to intolerable working conditions that "may" give rise to a claim of "intentional infliction of emotional distress":


    Livitsanos v. Superior Ct., 2 Cal. 4th 744 (1992); Shoemaker v. Myers, 52 Cal.3d 1 (1990).

    Note though, we are talking about a civil lawsuit here. BUT, since you claim medication was prescribed due to such egregious behavior, it is certainly a reason to base a resignation on for a "constructive discharge" and the subsequent signing up of Unemployment benefits.

    An award of unemployment, mind you, does NOT mean the actions of the Director rise to the level of a TORT, the burden of proof in such actions is substantial. They are 2 different legal forums, a civil lawsuit and Unemployment compensation.

    In CA you can also "possibly" base a wrongful discharge claim on a "constructive discharge". This means although you were NOT outright fired, working conditions were so intolerable, you were "forced" to resign:


    Turner v. Anheuser-Busch, Inc., 7 Cal. 4th 1238 (1994).

    Again, although this may form a sound basis to be awarded Unemployment, such facts may not rise to the level of a Tort, or wrongful discharge.

    IF you wish to consult an employment law attorney to see IF such actions are tortious, certainly do. Only an attorney licensed in CA can evaluate the facts.



    It may even be a wise move to consult an attorney before the UN hearing to represent you, and s/he can advise on the BEST way to legally proceed.


    The Director is on a "power trip". We all know the type. Sooner or later, someone will legally shut him up.

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