Can I collect unemployment if I resign due to an uncomfortable work environment after being wrongfully accused of something?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I collect unemployment if I resign due to an uncomfortable work environment after being wrongfully accused of something?
I’ve been wrongfully accused of altering documents that were placed in the client’s file. I’m contemplating on turning in my resignation because of the stressful environment it has caused.
Asked on September 27, 2011 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, you cannot collect unemployment because you are uncomfortable in your workplace--otherwise, almost everyone would resign and take unemployment.
An employee can only get unemployment if he or she was fired (and not for cause) or if the employer made it nearly or actually impossible to do the job as hired--e.g. transfered someone who had commuted 15 minutes to a location 2.5 hours away; switched a day shift worker to night shift; etc. When that happens, that can be called "constructive termination," and the employee may be able to quit and get unemployment.
However, simply being uncomfortable, treated badly, disrespected, etc. doesn't fall under that category. If you leave for those reasons, it is treated as a voluntary resignation or quitting, and you can't get the unemployment compensation.
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.