Q: Would the fact I'm 60 yrs old and quit a job I love with good pay to being unemployed,show believability of toxic wplce?

A: I'm sorry to hear about your difficult situation. More facts would need to be known to evaluate your case fully; however, it sounds like you may have a meritorious claim for constructive wrongful termination ( meaning you were forced to quit).

I recommend you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: I agree with Maya's response below. Bullying alone may not be enough to prove age discrimination. Evidence that your boss bullied and intimidated you because of your age to force you to quit is essential. You should discuss the details of your case with an experienced employment law attorney.

A: A toxic workplace is not necessarily illegal. To have a claim for constructive wrongful termination, your supervisor's actions must be motivated by a hostility toward a protected class, such as age over 40, race, religion, gender, gender expression, sexual orientation, military service, pregnancy, disability, etc. or opposing illegal conduct. This is usually proven by direct evidence of hostility such as statements express hostility toward for protected class. For example, a statement like "we need to get rid of the dead wood" can support an inference of age discrimination. In addition, circumstantial evidence, such as comparative discipline - employees in the protected class for disciplined for things that employees outside the protected class are not disciplined for.

Finally, to win a constructive termination claim, you have to prove that the conditions were so bad that no reasonable employee in your situation would have continued working. Thus, quitting a job you loved with good pay can cut both ways.

A: The fact that you voluntarily left a job you loved with good pay and chose to be unemployed at your age can demonstrate the seriousness of the toxic workplace situation you experienced. Documentation of the bullying boss, evidence of reporting the issues to HR, and the denial of a transfer can further support the credibility of your claims. These truths and supporting evidence can contribute to the believability of your reasons for leaving the job and may be considered when assessing your eligibility for unemployment benefits. It is advisable to consult with an employment attorney or a legal professional specializing in labor law for guidance specific to your situation and jurisdiction.