I have a formal complaint recorded with my employer regarding discrimination. I am in the over 40 class. Does HR have to come to a decision before I can quit my job to be eligible for unemployment benefits? The process through HR is very long.

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I have a formal complaint recorded with my employer regarding discrimination. I am in the over 40 class. Does HR have to come to a decision before I can quit my job to be eligible for unemployment benefits? The process through HR is very long.

Discrimination in a formal complaint
unemployment. I am in the over 40
group.

Asked on December 12, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you quit for any reason other "constructive termination" (see below), you are ineligible for unemployment benefits. It doesn't matter if you are in a protected category or are being discrminated against/harassed because you are in protected category: if you voluntarily separate from employment, you do not receive unemployment.
Constructive termination is when you are either relocated so far (typically, 2 hours+ travel) from where you had been working, or have your pay cut so drastically (typically  more than a third, for doing the same job) that you were "constructively" or "effectively" fied in that the job becomes undoable (you can't realistically travel that far each day) or not be expected to do that job for that money. In these very limited cases, you may be able to quit and get unemployment. But other unpleasantness at work, including harassment, bullying, etc. does not generally amount to constructive termination, and if you quit, you will not get unemploment.


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