Can I Still Get Unemployment If I Quit Due to Sexual Harassment?
The answer is a qualified “yes” under certain circumstances.
Technically speaking, this kind of quitting is known as a “constructive termination.” Essentially, the harassment or other mistreatment got so awful that you felt compelled to leave.
Under this scenario, you may be able to make an unemployment claim with the EDD. Even if that claim doesn’t work out, however, you can still potentially get compensated by making a claim against your ex-employer.
You may have signed a contract that abdicated (or partially abdicated) your rights regarding how/when/whether you may file a legal action against the company. Also, depending on what happened to you, and how long you’ve waited to pursue options, the so called “statute of limitations” may have elapsed. Thus, even if you could build a good case, you no longer legally can bring one. So you need to act before this legal time limit cuts you off.
Also, be aware that your company may already be preparing to defend against any legal actions you may bring. The company may try to document evidence that exonerates the harasser or harassers. Likewise, if you’ve already quit, you may no longer have access to your work email or work computer – evidence that could be useful during the investigatory stages.
Steps to take immediately
1. Research and connect with a quality Bay Area employment lawyer ASAP.
A good attorney can help figure out a strategy for getting unemployment and determine whether to consider filing a civil claim. The team here at the Law Offices of Daniel Vega can provide a free and thorough case consultation to help you in this regard.
2. From here on, document everything.
Spend some time writing out exactly what happened at work, detailing verbatim quotes, if you can remember them, and other pertinent information that might be even glancingly useful. Don’t worry about writing down “too much” stuff at this point – just thoroughly document. Likewise, if your ex-coworkers or other witnesses would be willing to provide statements, collect those as well. Jot down notes, including verbatim quotes, from all relevant conversations going forward.
3. Plan for a positive future
If you’ve have already left the unhealthy working environment, you’ve made a leap forward. Think about what you want to do now with your life, and focus on the blessings and the positive aspects of your current situation. You can put the past behind you, get paid effectively, and find more fulfilling work. Connect with the team at the Law Offices of Daniel Vega for more help.