I am working in a hostile work environment there are many serious wrong things go on there I don't want to report them they know I am good at letters I don't want them coming after me I am very nervous and depressed etc
Unemployment is for those who lose their job through no fault of their own. If it's truly a hostile work environment, you could try applying after voluntarily quitting but it's an uphill battle. Good luck.
This response is for general informational purposes only and in no way creates an attorney-client relationship.
If you quit, to qualify for unemployment benefits, you would have to provide EDD with facts showing that the working conditions are so unsatisfactory as to be intolerable to a reasonable person genuinely desirous of retaining employment and prior to leaving work the person has taken steps to preserve the job, so that there is good cause for leaving the work. California Code of Regulations, Title 22, Section 1256-23(b).
The EDD provides useful information on a voluntary quit.
It would be prudent for you to locate and consult with an employment law attorney before making such a move. The situation you describe might be such that if you are forced to quit to avoid being involved in unlawful or immoral conduct, you might have a claim for what is called constructive wrongful discharge which might entitle you to damages in addition to unemployment benefits. Even if you do not have a wrongful discharge claim, the attorney could assist you in terminating your employment in a manner that will give you a fighting chance to get unemployment benefits.
Thus, it is important that you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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