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| We Have All Felt That Way |
It focuses on people what want to quit their job because the environment at work as turned toxic.
The first thing my clients want to know is "Will I get Unemployment if I Quit My Job?" Typically, if one quite due to a poor work environment, the answer is "No." However, there are exceptions to that rule. Primarily, it works like this: 1) the environment must truly be toxic (i.e. to the reasonable man or woman); 2) you must inform management of the situation and provide it with a real and true opportunity to fix the problem.
I am Being Bullied at Work - Is that Illegal and Can I Quit?
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| Not Illegal, Per Se |
What Does Employee at Will Mean?
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| Illegal to Treat an Employee Differently Due to Sex, Race, Age, Disability, Religion, etc. |
Please bear in mind that, with rare exceptions, bullying is NOT illegal (if it was I would have retired years ago), so the situation must be truly extreme to justify the quit. Because most of us are "employed at will," the only situation in which bullying is illegal under federal law (state and municipal laws may be different) is where it is the result of prejudice due to the employee's age, sex, race, disability, religious beliefs, pregnancy or national origin.
How do you give the company a chance to fix the problem? Report it, preferably in writing (otherwise there is no evidence - giving the employer a chance to deny) and work with HR and wait a suitable time for things to prove, sending follow up e-mails each time a new (real) transgression arises. Inform the company when you complain that the work environment is affecting your physical, mental and emotional well-being.
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| Many Are Unhappy and Want to Quit - Only Few Qualify for UC Benefits |
After a reasonable time (depending on the circumstances), if your employer has not remedied the problem, you may be able to quit and get unemployment.
The fact is, qualifying for unemployment following a resignation is very hard - you have to do things just so - and you may therefore want to consider retaining counsel to improve your odds.
Can They Fire Me if I Take Family and Medical ("FMLA") Leave for Stress?
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| Taking FMLA Can Help Settle Things Down, at the Same Time Preserving Your Job as You Seek a New Job |
The time to act is when you first get an inkling that your tenure with the company is causing you more pain than it should (you are probably beyond that point by now). Perhaps consider taking a leave under the Family and Medical Leave Act, which is one of our favorite tools, for a number of reasons. Then, apply for Short Term Disability....
Maybe, if you're lucky, taking all of the above steps will lead the company to fire you - since public employment records don't exist, you really don't have to worry about your "record" - and you may be eligible for unemployment. However, do not count on such good fortune. Companies universally recognize that "a quit is always better than a fire."
HERE
ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:
What is an ILLEGAL
Hostile Work Environment? Workplace Bullying Alone is Not Illegal in
Pennsylvania
Employee Complaints
and Retaliation - What is Legal and What is Illegal
FILING A CHARGE OF
DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS
United States
Employment and Discrimination Laws - An Overview by Pennsylvania Employment
Lawyer
UPDATE on Recent and
Pending Discrimination Matters Pertaining to LGBT-Rights from SCOTUS and EEOC
Contingent Fee Discrimination Wrongful Termination
Discharge Lawyers in Philadelphia Area
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610-647-5027 |
Philadelphia Are Employment Attorneys Representing Employees
We are employment lawyers who represents employees in Pennsylvania.
We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.
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