Q: Do I have a Constructive discharge/termination claim?
For almost a year I feel I have been harassed, bullied and discriminated against at my place of employment. I feel that my working conditions have become so intolerable that it has forced me to put in my 2weeks notice. I have went through every channel including HR, and the director over the checks department, and nothing has been done. I want to know if I have grounds to file a suit or at the very least collect unemployment until I find another job?
A: You would need to sit with a local attorney and provide much more detail. Words such as "bullied," "discriminated," and "harassed" are conclusory and lack the detail needed to assess whether you have suffered any actionable discrimination and whether the circumstances were bad enough at work that you would be allowed to collect unemployment benefits despite being the moving party to the separation. Usually, voluntarily quitting disqualifies you from receiving unemployment benefits. To overcome the usual disqualification for voluntarily quitting, you would have the burden of demonstrating that you suffered circumstances that were so intolerable that you had no choice but to quit.
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