If I give notice and quit my job due to a bad work environment, am I still eligible for unemployment?

I currently work salary at my job and put in between 50-80 hours a week. I

recently had to take 3 days off for medical leave with a doctor’s note and

my boss threatened to fire me and told me to not expect to have my job when I

came back. He backed down from firing me but I have continually been

bringing to him concerns for the safety and well being of the staff and he

ignores it. My staff have had to kill and drown rats because they refused to

call an exterminator until the rats were literally crawling on people’s feet. There are no records of lunches or breaks. I continually have to deal with violent customers and employees that make my ptsd very hard to deal with. The last straw came when I took a week of vacation and had to come back early and ended up working over 40 hours on it and my boss told me that one of the days I worked from home doesn’t mean I didn’t have an off day. I’ve been trying to leave the job but I can’t dedicate time to find similar pay because of how demanding it is and the only job I have been able to find is 15 hours a week. Would I be eligible for unemployment? I would like to give notice and try to stay on good terms despite the environment as a courtesy to my staff.

Asked on March 4, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, jobs are allowed to be unpleasant, even awful, and you can be required to work excessive hours in a thankless position. The reasons you give for leaving are reasonable and understandable, but do not constitute legal grounds to leave employment and receive unemployment; if you give notice and leave, you will most likely not be eligiblw for unemployment benefits.


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.