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I resigned recently due to threatening and abusive behavior by my superiors, am I eligible to receive unemployment benefits??

Chicago, IL |

I have been experiencing threatening behavior from my superiors for months after I reported some company concerns about policies with my HR manager. it turns out, all the information I shared in confidence was turned against me by management for coming forward. This retaliatory behavior has made the work environment very hostile. They have even made falsified claims of insubordination in order to provide me with a written warning. Fortunately, I've documented everything and even can provide witnesses that will testify to the abusive behavior and falsified claims made by management if need be. The constant attack by management has made it impossible for me to continue working for the company. Will I still have a right to my unemployment benefits if I choose to file???

Attorney Answers 3

  1. File for unemployment compensation. Even if you are declined, you have a right to appeal. In the meantime, you should consult in person to see if your rights have been violated because of your whistleblowing.

  2. It all depends on how serious the abuse was. As Ms. Goldstein notes, apply for your benefits and see what happens. It also sounds like you may have some whistleblower or retaliation claims, and you can sometimes threaten to bring such claims in order to get leverage for your unemployment claim. I suggest you speak to an experienced employment lawyer. Most of us will provide a free consultation.

    This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.

  3. Go ahead and file for unemployment. There is no harm. If no reasonable person would of stayed there under the circumstances that you describe to Employment Security, it is likely that you will receive benefits. This is something that should be talked over with a lawyer.
    You should also be speaking to that lawyer about potential retaliation and other claims you may have against the company. The precise nature of the whistleblowing you did, etc., is critically important to the determination of whether or not you have a claim. Therefore, a face-to-face meeting with an attorney is important.
    Good luck

    If you found this Answer to be helpful, please mark it as such. Remember, however, free advice is worth every penny you paid for it. This is only generalized commentary on your question. It is not to be taken as legal advice. I am a lawyer – but not your lawyer! Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy! Thank you Chuck Watson 217.544.6165

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