Does this constitute as "Good Cause" to get unemployment after quit?

[heidihair]

California, at job 21 months

My Dear Husband's boss has been making work conditions intolerable, trying to force him to quit since he is the highest paid employee. Can DH quit and get unemployment due to the anguish this guy causes?

Does this qualify as "good cause":

• Boss berates my DH, saying derogatory names, in front of other employees for things that are the Boss's doing, literally, he will ask my DH for a report and them yell at him that it is the wrong thing despite the fact that my DH has the email with his request.
  
• Boss keeps a hostile dog in the office, it constantly barks at my DH and defecates on the office floor, the boss will not clean it up and let it sit there until it is dried.
  
• Boss will throw office furniture when he is upset and trash the office, so bad that the downstairs’ neighbor ran in to help thinking there was a fist fight.
  
• Last Feb my DH had to go on antidepressants due to the toll Boss has been taking on him mentally. He is literally sick and cannot eat at times because of the stress Boss inflicts.
  
• Boss forced my DH on 2 wks w/o pay saying he was a bad employee, the co. partner told DH it was actually due to low money and Boss couldn’t make payroll. After a week back, my DH is forced off for another week w/o pay.
  
• EDD has found Boss guilty 2x in the past for blocking benefits of past employees w/o merit.

So despite the boss's claims, every single client my husband works with has given him the highest marks -- a few even told DH to count on them for a glowing recommendation. The local tech recruiters tell job seekers to not apply to this company, it is that bad. He wants/deserves/needs a better job, but we have to pay the rent too. It doesn't seem fair that this bully of a boss can just abuse him to avoid paying unemployment!

Just curious if he has a leg to stand on.

Thanks!

 

[Beth3]

Only the UC Division can advise your husband of that and quite frankly, they're not going to tell him in advance of his quitting as they're not in the business of encouraging people to quit their jobs because they'll be eligible UC benefits. Your husband's options are to quit and hope the State awards benefits (which I wouldn't count on) or quit this job as soon as he finds a new one.

EDD has found Boss guilty 2x in the past for blocking benefits of past employees w/o merit. FYI, the EDD doesn't find people "guilty" or "not guilty" of anything. They simply determine if an individual is unemployed for a reason that will allow benefits.

 

[heidihair]

cross my fingers

Thanks for your prompt answer.

My husband has already lost 15 pounds over 2 months due to stress from his boss and is starting to develope other stress-related health problems, so I can't want my husband to continue working until he finds a job -- he has been looking for 3+ months w/o any leads.

I worry more about his health than the money, but rent is rent and I can't believe this guy can get away with abusing him like this. I guess we will just cross our fingers that the State understands why he quit.

Good to know about the EDD guilty comment. I guess I had it confused since the two previous employees were awarded compensation in a court due to the boss's actions, they must have sued him directly and a judge found him guilty of wrongful discharge or something similar. Thanks for the clarification

 

[tqcajun]

Your husband may have a valid claim for "hostile work environment". But to be illegal in the eyes of the courts, a hostile work environment typically must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, age or sex. He may want to consult with an attorney or the EEOC.

 

[Beth3]

Your husband may have a valid claim for "hostile work environment". But to be illegal in the eyes of the courts, a hostile work environment typically must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, age or sex. He may want to consult with an attorney or the EEOC.

I think I know what you're trying to say but to clarify for the OP, a hostile work environment only applies and is prohibited if there is a pervasive atmosphere of discrimination due to race, religion, gender, etc. A hostile work environment as in an unpleasant work environment is not actionable. Nothing in the OP's post suggests this is a matter for the EEOC.