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Can I collect unemployment if i quit my job to due sexual harrassment and retaliation?

by Gomez
(New Brunswick, New Jersey )

I have been sexually harrassed at my workplace for almost 2 years. I filed a complaint against my supervisor a little bit more than a year ago and just recieved a final determination a few months back. Since this whole matter took place, I have decided to go back to school to further my education and get another job. I am due to student teach, and my boss is aware for quite some time that I will need 3 months to do this program in order to obtain my Master's degree. The job will not grant me time. What can I do? I have been so dedicated to school and I cannot quit now, due to my job retaliating against me. Please help!!!

Hi Gomez,

You know, there's one problem with your story. You've been sexually harassed for two years and although I don't know what the "final determination" was, I'm a little confused why you believe that your employer's refusal to give you a leave of absence for three months to "student teach" is retaliation.

If you quit because of this .. you will not get unemployment. Even if you could prove refusing the leave was retaliatory .. you will be student teaching.

You will either be paid for this .. or it is something you have to do for school. The basic conditions of being unemployed are that you are able and available and seeking full-time work.

Quitting for school is not good cause and even if it was .. you are not able and available for work .. nor would you be seeking full-time work .. because you couldn't do it without a leave of absence.

It's a voluntary quit for personally compelling reasons, but not a reason that allows for unemployment.

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