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hostile work environment?

I am in California and I haven't quit yet, in fact I am trying to do what I can to keep the job until I find another, but at the same time trying to make sure I do all that is necessary to receive unemployment if it comes to that.

I have hated the job from the get go. My boss has been verbally abusive to me in front of other associates and customers. I have had 2 meetings with her and with the area manager to address this issue, but to no avail. i have asked to be transferred repeatedly, and even have a letter that one of the other managers i have worked for requested that I be transferred to his location. I also asked for this and the request was denied. I was given the reason of "I will figure out how to make things work between you and your boss, I am not transferring you". That has been the answer every time I have asked. I have been with the company 8 months, have never been written up or counselled about performance, but the other day was given an "Action plan" for job performance. There were a lot of vague generalities in it (supposedly I am hurting morale and store productivity because of my bad performance, performance that had somehow never been addressed before now) and only one specific instance, a week prior to the plan. When I asked why this issue wasn't addressed with me before, she said she was busy and hand't had time. She then told me to put my resume out there, that this was the beginning of the formal process and as far as she was concerned
the company and I would be parting ways within 60 days, as if the "Action plan" didn't work, and she flat out told me she didn't think it would, then formal write-ups were to follow and that it would end in termination, so I should find something before that happened.

So basically, my boss has trashed me from the beginning and has now thrown enough of a fit for it to get to this point. My question is, what documentation do I need and what do I need to be doing to make sure I get unemployment if it comes to that?

Hi, You know what, I always stress documenting .. don't I:), but when I mention "official complaints with the appropriate department of the bureau of labor .. people get all freaked out and start worrying about rocking the boat .. just in case they can somehow squeak out of it all ending very badly.

Documenting proves action and at this point .. I would say your employer is beginning a process of "retaliating" because they want to get rid of you and you need to take some action .. like filing a complaint alleging retaliation with either the EEOC or the State of California's Labor department.

This serves a purpose .. it provide documentation and it let's the employer know you're not as dumb as they think you are.

This is called using labor laws to protect yourself .. anything further from the employer and you have this "record of events" to point at and use if they continue to force you to work for this person and don't take your request for a transfer a little more seriously.

This is how it works.

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Feb 22, 2010
by: Anonymous

While it is retaliation, I looked into the areas you suggested and it doesn't seem to fall under any of the protected classes..merely a case of telling me I am "not the right fit" which actually means "your boss doesn't like you and I am taking her side because she has been here longer".


Your call, but I didn't read "not the right fit".

I read that the employer thinks you are disruptive and difficult to the point that "your attitude" is causing morale problems for others along with other "generalities".

Read the CA eligibility guide. Try section MC45

Sep 04, 2010
Threatened with physical harm
by: Anonymous

I work for a small mom and pap company in California, the office manager threatened me with physical harm in frount of another employee. The office manager admitted in writing to the owners that she threatened me and nothing was done. If I quit do to being physically harmed can i still receive unemployment.

What did you ask the employer to do?

Do you have a copy of the admission?

Do you have a witness?

Please remember, the burden to prove will become your when and if you quit.

And you wouldn't be quitting because you were physically harmed. You would be quitting because you had been threatened with physical harm and do feel threatened by this person.

So the good cause would be found in your ability to prove first the incident and then your efforts to preserve the employment and then the "lack of response" from the employer.

I say this .. because you don't know what the employer or manager will tell the state about what happened.

So my concern would always be that you are able to prove the real facts.

Quitting due to problems with co-workers or management.

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