Unemploymeny

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Unemploymeny

I’m currently working for a European employer here in the U.S. I’ve been having health issues due to a hostile work environment. They are currently being sued from a previous employee as well. My physician is aware and told me I should leave the job. I would like to quit and collect my unemployment benefits. However, I’m not certain that I’d be eligible?

Asked on October 23, 2016 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The law does not protect employees from hostility or work-related stress (no matter how severe) unless the hostility was directed against them due to a specifically protected reason, such the employee's race, color, national origin, sex, religion, age over 40, or disability (a disability not created or caused by work stresss). 
If they are harassing you because one of the specific reasons above (such as they are targetting you for hostile treatment due to your race), contact the federal EEOC or the NJ DCR to file a complaint. You might also be eligible  for unemployment for this, but contact the EEOC or DCR first to discuss.
Otherwise, however, the employer may as hostile as it likes, as unpleasant, etc., as it likes, and if you quit, it will be viewed as a voluntary resignation and you will not be eligible for unemployment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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