FileUnemployment

Hostile Work Environment & UI Benefits

Updated : June 11th, 2019

If you landed here, you might be someone who is considering about quitting your job because the environment at work no longer feels secure or peaceful or you could be someone who already quit the job voluntarily because you could not take it anymore. Since UI benefits are usually offered to people who lose their jobs due to no fault of their own, it is only natural that you might be wondering if you are eligible or not. Here’s some happy news, unemployment benefits, in most cases, are offered to people who quit because of hostile work atmosphere!

Hostile work environment
Looks Familiar? Unpleasant Workplace

Eligibility

Your eligibility will depend upon the nature and extent of hostility of your work environment. In general, following cases are said to accepted as circumstances for constructively discharging you.

  • Criminal activity that you tried to bring to the attention of your employer
  • Health or safety issues that you tried to bring to the notice of your employer
  • Hostile environment due to illegal harassment or discrimination, such as due to your race, religion, age (40+) or a disability
  • Hostility in the form of retaliation for bringing criminal behavior, health/ safety issues or discrimination to the attention of your employer or relevant government organizations

That said, there are some other things that we need to understand. An unpleasant place of work or a difficult boss who treats you and your colleagues badly or some similar issue may not be considered as hostile environment. What we have to understand is that there is no legal rule which says that the employer must keep the employee happy. So the employer has no obligation to ensure that employees get along. Likewise, the employee can neither have the legal expectation nor right of a pleasant workplace.

Minor disagreements with superiors or co-workers, differences in opinion hardly count as hostile work environment. We are not say that you should not leave the job, you may if the atmosphere is difficult for you, but, you may not receive any benefits in a situation like this. Approach an unemployment attorney to know for sure whether you are eligible or not.

Determining the Eligibility

Once you file for UI benefits, the unemployment department will conduct a probe into the circumstances that lead to your job separation. The officials then compare your statement regarding the work environment and what they found out during the probe to determine the genuineness of the case.

What can I do to prove my side and fight hostile environment at work?

Proving that your work atmosphere was indeed hostile is not a very easy task. Especially if you are the only one who was picked on. But there are certain things that you can do to aid your claim.

1. Document everything: Keep a journal, carry an audio recorder, create backups of online content or hate mails. In short, whatever you can document and save, do it. While documenting, make sure that you record the date and time as well.

2. Talk to someone: If there is anyone you can trust at work, tell them about the problem. It could be your boss, your co-worker, someone at human resources or even the janitor. Tell someone about it. During the probe by the UI dept., if they learn that nobody knows about the fact that you were harassed, it may render you ineligible for UI benefits.

3. Keep track of your complaints: Use e-mails or any other form of recordable method while submitting your complaints. This can later prove to be useful.

4. Don’t quit your job right away: Unless you are in imminent danger, don’t quit immediately. If you really need UI benefits, try to avoid quitting immediately after the hostility begins. Stay back until you have sufficient evidence to prove to the UI authorities.

The final word

The most important thing is to ensure your safety, especially if the hostility is physical in nature. Keep your friends and family informed, have someone ready to raise an alarm if needed. If you cannot continue anymore, take some time off from work and collect your thoughts.

We understand that a hostile work environment is one of the most difficult situations a person can face. Try to remain calm and composed. Apply for another job, spend quality time with your friends and family and follow the steps we discussed here. We sincerely hope that everything will get better for you and we shall always be here to help you. Use our discussion forums to clear your doubts and concerns.

If you found this useful, share it with others who might be facing difficulties at work too. Together, let’s help the victims of workplace bullying and harassment. Good Luck!!

If you have questions, please post it on our discussion forum.

    1. Jose,

      We’re not a scam or a fraud website:) fileunemployment.org has been around for more than 10 years and we’re one of the leading forums for unemployment insurance and unemployment in general. Our daily visitor and patron base is of considerable size and we truly believe in being a center for jobless workers to access resources and share their queries.

  1. I’m attemptiing to file my first weekly claim since my layoff, however, my PIN# is not correct. what do I do to get my correct PIN# , please?

  2. I have exhausted my unemployment benefits in Texas but my calendar year does not end until September. Do I have to wait until the calendar year is over in Texas, to apply for unemployment benefits in New York in which I have available quarters?

    1. Mattie,

      As much as I am aware, UI benefits are only a one-time cycle. Please call the Claims Center for clarification.

  3. Help ran out of unemployment benefits for the pass 8 years i have worked at Hexion speciality chemical plant in Brady Texas how can i get my benefits extended

    1. Roderick,

      The E.U.C(Emergency Unemployment Compensation) remains expired. There is no extension available. Please inquire further with the labor authorities in your state by calling them.

    1. Annette,

      You can visit the official website of the Unemployment Office and ‘login’ to check the claim status. Alternatively, you can also call the Claims Center.

      PS: It should not take 6 weeks to process the initial claim. Please chase at regular intervals.

    1. Jocelyn,

      Unemployment is offered to claimants who’re able and available for work. Please call the Unemployment Office to ascertain if you can apply.

  4. I have been working for the same company for the past 11 years. I started out cleaning apartments, then landscaping and finally Asst. Manager for the past seven years. However, the owner/ manager had us all sign papers claiming we were “Independent Contractors.” I worked Monday thru Friday from 8am – 5pm the entire 11 years. Obviously, in reality, we had Never been “Independent Contractors.”
    Finally, October 2018 we became employee’s. On May 10, 2019 he sold the business which puts us all out of work. I tried filing for unemployment, but, I don’t have enough quarters in. Assuming I’m still out of work, can I wait for the next quarter to end, thus giving me the 2 quarters I need or will it not make a difference.

    1. Lea,

      Why don’t you look at alternate based period? Please use the link below to access the Base Period calculator.

  5. I have been working as an hourly employee for the last 4 months. Currently the board of the nonprofit agency came to me and told me that I had to file a 1099 or go to part time or find a new job. I have a scheduled time that I report to work. What are the laws here in Florida about who can receive a 1099

  6. I am unemployed and currently going to a community college. How can I apply for federal assistance?

    1. Carol,

      If you’re able and available for full-time employment, you can directly go to the website of the Unemployment Office and apply.

  7. I have worked in AZ since March 2016. However, I moved lived and worked for my employer in CA since 08/02/1982. Can I apply for Cali unemployment benefits?

    1. Robert,

      You should be applying from the state where your employment was based. Employers generally remit unemployment taxes to the state where the employee is based.

      1. How long does it take Washington state unemployment to deposit your back pay after they receive the determination letter from OAH stating I won my appeal?

  8. I have been trying for over a month to file and I still do not seem to be able to do it, but I finally got to the correct place, I think.

  9. Cumberland NJ Unemployment Center kept me on hold for 2 hours; I finally had someone answer my call, after providing my information and question regarding the status of my NJ Unemployment Claim the representative disconnected my call.

  10. Excellent list of things to help execute better. Even taking 3 or 4 of these that one does not currently utilize could help immensely.

    1. How did you calculate the total weekly Illinois benefit of $1495? Also, why isn’t Washington and Minnesota listed in your top 5 states with the highest paid unemployment insurance compensation?

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