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I'm being caused emotional distress at work by a co-worker. If I'm fired will I be able to collect unemployment?

by brittany
(California Unemployment)

I'm being caused emotional distress at work by a co-worker. If I'm fired will I be able to collect unemployment?


i've been working at my current job for a little over 6 months now, and aside from a little annoyance here or there, i like my job. we have several different job sites and i was recently moved to the one i am currently at. my previous 2 job sites i had no problem with my work or coworkers. the latest move has become stressful. i work with a veteran employee who has been picking on me. if its not one thing with her its another. one day i'm working too slow for her and being lazy and the next i'm in a hurry and need to slow down. she's constantly hovering over me when i try to get my tasks done. she's always yelling at me and if i have even the slightest change of tone in my voice she demands i don't talk to her that way. i went to my boss and told her what was going on with the intent of getting moved and she basically told me whatever the problem is, it's probably my fault and i should do whatever it takes to get back on my coworkers good side. although i didn't agree i tried it anyways to no avail. i'm emotionally stressed out and on the verge of a breaking point. i'm doing my job but if it comes down to my word against hers, they'll probably choose hers since she's been there the longest. i'm trying to look for work in the meantime but if i am let go would i be able to collect unemployment?



Brittany,

First of all, if you haven't read what what I've written about dealing with problems at work and why it is important to protect yourself while working .. this conversation cannot go any further until you address relevant information about being fired and unemployment benefits.

You're just telling me about your stress.

It is not your stress level that is relevant to collecting unemployment.

It is the employer's ability to prove "work related misconduct" and whatever evidence you can provide at an unemployment appeal hearing to rebut the employer's argument of misconduct that is relevant to the question.

You might want to take a look at California's unemployment benefits eligibility guide. (scroll to the bottom of the page for the link.

I can empathize with your emotional distress Brittany, but it's very difficult for me to help anyone until they put their distress aside, so we can take an objective look at the situation .. just like the unemployment department will do .. should you be fired.

Chris

Comments for I'm being caused emotional distress at work by a co-worker. If I'm fired will I be able to collect unemployment?

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Jun 14, 2011
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can I force the company to lay me off because my two managers are causing me distress?
by: Anonymous

can I force the company to lay me off because my two manager are causing me distress?

You do not know how someone feels until you are in the same situation.I have worked in the same company for almost 13 years, and have a very good track record. About 3 mths ago I started a new job in the same company and was told that my 2 managers had different ways of approaching tasks. I thought I could work with this but it turned out that one of the manager thought that I was hired to take her job and made no secrets about it. She hates that the company hired this other manager to be her supervisor. She has been there more years than her supervisor. I fell very frustrated as I did not know if I was doing the job right or wrong since they both argue how it should be done all the time. I voiced my distress and concern about this just 3 weeks into the new position and was told that the situation would improve. It has been several weeks now, I have daily severe heartburn which has caused me to call in sick on several occasions. I can no longer concentrate on learning anything new. In this situation can I force the company to lay me off?




Hi Anonymous,

In fact, I do know how this feels.

Prilosec along with bp medicine and two Aleve are part of my daily pill popping experience still.

But I also understand how unemployment works, which is why I preach taking how you feel out of the equation and begin looking at whether you can get UI benefits from an objective point of view.

Regardless of stress, harassment or any other number of complaints anyone may have about what their employer is doing to them .. or allowing to happen to them ..

You will, generally speaking, be screwed until YOU start looking objectively at the problem from a legal standpoint .. being the unemployment laws.

You have to give the employer opportunities to address the problems first.

If the two managers are giving you mixed signals about what to do .. and they themselves aren't working on the problem to provide what should be simple and clear expectations of you .. take the problem to the next logical level as instructed in the employer's grievance policy.

My advice .. DO NOT let the request to be laid off .. pass your lips.

And if it is really the medical problem of acid reflux or heartburn that is causing you distress .. go to the doctor. Medical documentation can be important.

If you think I'm being harsh, I'm sorry, but the unemployment benefit goal begins at the starting line, and that's while you're still employed. You have to be objective about the situation, so you can see what you may need to rebut if fired for misconduct, or prove, if you quit with good cause .. attributable to the fault of the employer.

Chris




Feb 23, 2012
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Emotional distress at work
by: Anonymous

If you are being constantly harassed by a co-worker, tell your supervisor. This person is constantly bothering you because she feels threatened by you. You should not have to deal with this. First, tell your supervisor that your co-worker is constantly distracting you and that you want to move your station.
You should not be fired for that. If she is disruptive to your work, tell your supervisor. She is not your supervisor right?

Mar 22, 2012
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look im smarter than u
by: Anonymous

People come to u for advise..
People ask questions for a reason.
If u don't have patience and enjoy taking every
Chance to downgrade them because they don't
Understand some aspect or haven't read every
Post, than you should shut down this site.
u friggin Dumbass! Jeeze...





LOL!

Aug 26, 2017
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Chris, you are an asshole.
by: Anonymous

Shut down this site if you're not going to give solid advice. You were very condescending.

Aug 27, 2017
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Solid Advice .. without condescending?
by: Chris - Unemployment-Tips.com

Sorry you feel this way about this answer, since I know I know when I was overwhelmed with these questions, I was undeniably, condescending to some who wanted solid advice based on the info they gave me.

However, free advice is given based on the assumption that before a question, or comment is made .. there is some previous activity to acquire information related to what I know is needed to rebut the guilt of misconduct, or what can be proven to the state unemployment department to find good cause for quitting, as be attributable to the employer.

Now .. for just a bit of condescension. I'll relate it to your advice I should to shut down this site if I can't always be your version of nice and helpful to provide solid advice.

Thank goodness you aren't my boss, or I might feel the need to start a campaign to document facts to prove later, as the subordinate employee feeling the emotional distress of your comment .. just to prove a point.

Even solid advice, related to how one person might collect unemployment, rarely leaves much room for inaction to be an effective counter measure, when the burden of voluntarily quitting require one to make efforts to reasonably try to save and preserve their job.

Ironically, when an employee is actively participating in creating a record of provable facts, they are focusing on facts that may help protect them even if the employer decides to terminate the employment relationship based only upon their personal feelings about me to think I'm a willing victim for them to bully .. with snide unfounded assertions to disparage me personally.

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