Can I qualify for EDD benefits if I quit due to hostile workplace with verbally abusive boss?
I'm working at a small law firm (employment law ironically) and the environment has become unbearable. My boss (the attorney) constantly talks down to me and dismisses everything I say. There's also a senior employee who's been there 15 years who's even worse - incredibly petty and openly admits to "getting back at people" who cross her. I've reached out to someone who used to work in my position and they confirmed they left quickly for the same reasons. Apparently, they've gone through 3 other people in my role within just one year! I desperately want to quit but I'm worried about qualifying for unemployment. Does anyone know if this kind of hostile work environment would be considered good cause to voluntarily quit under EDD rules? Has anyone successfully gotten benefits after leaving a similar situation?
19 comments
Keisha Jackson
DONT QUIT!!!! If u quit EDD will 100% deny ur claim - they ALWAYS do that first. You NEED to be fired or laid off to get benefits. Trust me, I made this mistake and regretted it.
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StarGazer101
•Really? Even with a hostile work environment? The stress is affecting my health at this point, and I don't think I can take it much longer...
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Paolo Romano
The previous comment isn't entirely accurate. You CAN qualify for unemployment if you quit with "good cause." Hostile work environment can qualify, but you need documentation. Start keeping detailed records of all incidents with dates/times. If possible, report the issues to HR or someone above your boss. EDD will want to see that you tried to resolve the situation before quitting. Also, consider consulting with an employment attorney (not your boss obviously!) about whether your situation meets the legal definition of a hostile work environment.
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Amina Diop
•this! i got UI after quitting a toxic job but i had to PROVE it was toxic. saved emails, documented convos, showed i tried to fix it with HR. u need a paper trail!!!
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Oliver Schmidt
when i quit my job the edd interviewer asked me a bunch of questions about why i left and if i tried to fix the problems first. they denied me initially but i appealed and won! just make sure you have your ducks in a row before you leave
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StarGazer101
•This is helpful, thank you. Did you have any specific documentation that helped with your appeal? I'm starting to document everything now. The problem is there's no HR department since it's a small firm, just the attorney (my boss) and this long-time employee.
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Natasha Volkov
In my experience as an HR professional, EDD considers several factors when determining if quitting was for "good cause." For a hostile work environment claim, they typically look for: 1. Evidence that working conditions were truly intolerable 2. Documentation showing you tried to resolve the issues 3. Medical documentation if the workplace caused health issues 4. Witness statements (like your contact with the former employee) Since there's no HR, I recommend sending an email to your boss documenting your concerns professionally. State that the verbal treatment is affecting your ability to perform your job. Their response (or lack thereof) becomes evidence. Also see if your doctor will document any stress-related health impacts. When you eventually have an eligibility interview with EDD, be prepared to explain exactly why the situation was so intolerable that any reasonable person would have quit.
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StarGazer101
•Thank you for the detailed advice! I'll definitely send that email and have started documenting specific incidents. I've actually been having trouble sleeping and anxiety attacks, so I'll talk to my doctor too.
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Javier Torres
My cousin works at edd and says they see this ALL THE TIME. you might get denied at first but u can appeal. they told me most people just give up after the first denial which is dumb bc appeals often work!!!! the big thing is u have to show u tried to fix it before quitting. and btw that place sounds horrible why would a lawyer risk treating employees like that? probably cuz most people don't fight back!
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Emma Wilson
Been through something similar with a micromanaging boss who made my life hell. I quit and applied for UI benefits. Got denied initially, but I appealed and had my eligibility interview. The interviewer was actually pretty understanding once I explained everything. Make sure you get your former coworker to write a statement backing up your claims about the toxic environment. The most frustrating part was trying to reach EDD after my initial denial. I spent weeks trying to get through on the phone lines without success. I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep within about 20 minutes. They have a demo video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. It was honestly worth it to actually talk to someone who could help me understand why I was denied and how to properly appeal.
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StarGazer101
•Thanks for the tip about Claimyr! I'll definitely check that out if/when I need to contact EDD. And getting a statement from the former employee is a great idea - we've already been texting about the situation so I think they'd be willing to help.
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Keisha Jackson
sry but lawyer offices r the worst!!! i worked at 2 and both were toxic AF. they think they can treat staff like garbage. my advice is to start looking for another job while ur still employed. if ur boss is an employment attorney he probs knows all the loopholes to fight ur unemployment claim.
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Paolo Romano
One more important thing to consider: if your employer contests your unemployment claim (which they likely will), you'll have an appeal hearing. These are currently being conducted over the phone due to the backlog. Be prepared to clearly explain: 1. Specific examples of the hostile behavior 2. How it affected your ability to perform your job 3. All attempts you made to resolve the situation 4. Why you had no reasonable alternative but to quit The Administrative Law Judge will make a determination based on whether your reason for leaving constitutes "good cause" under EDD regulations. I'd recommend reviewing the EDD Appeal Board precedent decisions on their website to better understand how these cases are typically decided.
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StarGazer101
•This is really helpful, thank you. I'm definitely going to look at those precedent decisions. So even with documentation and good cause, should I expect that they'll automatically contest it? That makes me nervous since they're employment attorneys who probably know all the ways to fight it.
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Natasha Volkov
Whether they contest it depends on many factors, including how concerned they are about their unemployment insurance rates increasing. Given that they've gone through multiple employees in the same position, they might not contest it aggressively if they know their behavior could be exposed. One strategic consideration: if you're being mistreated by an employment law attorney, they might actually be MORE cautious about fighting your claim aggressively. They understand better than most the potential liability if you decide to pursue other legal remedies beyond unemployment. Document everything factually without embellishment, and focus on creating a record that shows you had no reasonable alternative but to leave. Also, California recognizes constructive discharge - where working conditions are so intolerable that a reasonable person would feel compelled to resign. This can be relevant to both unemployment claims and potential wrongful termination claims.
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Amina Diop
have u thought about trying to get fired instead of quitting?? like maybe start doing really detailed documentation of all the abuse and make it obvious ur writing everything down. they might fire u just cuz they're paranoid about what ur documenting! then ud qualify for sure
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Oliver Schmidt
•this is bad advice! if u get fired for misconduct u still wont get unemployment and could mess up ur chances of getting a good reference for ur next job
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StarGazer101
Thank you all for the helpful advice. I'm going to start documenting everything meticulously, see my doctor about the anxiety this is causing, and send an email to my boss outlining my concerns professionally. I'll also reach out to my former coworker for a written statement. I'm still scared about the whole process and whether I'll qualify, but at least I have a better understanding of what to expect now. I'll update this thread once I make my decision and go through the process with EDD.
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Paolo Romano
•Good plan. One final piece of advice: when you do decide to resign, do so in writing and keep it professional. Clearly state that you're resigning due to the hostile work environment that has affected your wellbeing, and briefly mention your attempts to address these issues. This resignation letter becomes another important piece of documentation for your EDD claim.
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