If I choose to quit my job due to what I feel is discrimination, can I apply for benefits?

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If I choose to quit my job due to what I feel is discrimination, can I apply for benefits?

Asked on January 2, 2013 under Employment Labor Law, Pennsylvania

Answers:

Timothy David Belt / The Belt Law Firm

Answered 8 years ago | Contributor

You can certainly apply for unemployment compensation benefits.  Whether or not you will receive benefits will depend first on the severity of the discriminatory conduct and whether you took action to address the situation and preserve your employment before you quit.  If the discriminatory conduct is considered sufficiently severe that a reasonable person would quit their job under similar situation,  and when you brought the situation to your employer's attention they failed to address the problem, you may be entitled to benefits.  It is a case by case analysis, so you should be very careful in this situation since benefits are far from a certainty. 

Timothy D. Belt, Esquire / The Belt Law Firm

Answered 8 years ago | Contributor

You can certainly apply for unemployment compensation benefits.  Whether or not you will receive benefits will depend first on the severity of the discriminatory conduct and whether you took action to address the situation and preserve your employment before you quit.  If the discriminatory conduct is considered sufficiently severe that a reasonable person would quit their job under similar situation,  and when you brought the situation to your employer's attention they failed to address the problem, you may be entitled to benefits.  It is a case by case analysis, so you should be very careful in this situation since benefits are far from a certainty. 


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