“If my boss is hostile and my job is making me sick, can I resign and collect unemployment?”
Published on December 25th, 2009 by Alan Sklover
Question: I’ve worked for a small roofing company for five years. When I started, there were five employees, and I was an administrative assistant. Since then, everyone besides me (and the owner) has been fired or left in disgust. I now do everything in the whole business, including janitorial work and office cleaning.
My boss is so hostile that my life is hell. He yells constantly, and humiliates me every time I make any mistake. He even screams at me when he makes a mistake. Because he has so many driving tickets, he had to attend driving school; he made me attend for him, and take the test for him, too. I shake all day, have anxiety attacks, and can’t sleep at night. I want to quit, but I fear the loss of income.
Can I quit and still collect unemployment insurance?
Stressed Out
Petaluma, California
Answer: Like most states, California denies unemployment benefits to employees who quit their jobs, BUT provides unemployment benefits to employees who quit their jobs for “good cause.”
The California Unemployment Appeals Board has defined “good cause” as “a real, substantial, and compelling reason of such nature as would cause a reasonable person genuinely desirous of retaining employment to take similar action.”
While ordinary nastiness is insufficient to constitute “good cause,” the level of hostility you describe seems to me to qualify as “good cause.” I am certain that your boss forcing you to take his driving test for him – which is probably illegal – is surely “good cause,” although I am concerned that, if you report this, you could be criminally prosecuted.
While I cannot guarantee you anything, I do think (a) your health has to be your first priority, and (b) you seem to have a good chance of collecting unemployment insurance. Please consider seeking other employment, as well.
You’re in a tough spot. I wish you courage, better health, and, of course, good luck.
Best,
Al Sklover
© 2009 Alan L. Sklover, All Rights Reserved.
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