QUESTION

Can i get unemployment for this time im looking for a job

Asked on May 30th, 2018 on Labor and Employment - Texas
More details to this question:
I quit my job after 10 yrs. my supervisor would be inappropriate with me. Me fearing loosing my job i was scared to say anything. There has been text messages, verbal, and physical. I finally couldnt deal with myself or the fear of loosing my job i just quit. Is there anything i can do
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
You are in a difficult situation.  Normally, an employee who quits is not elible for unemployment.  However, there is a situation, known as constructive termination, that makes quitting under certain circumstances the same as being fired.  To prove constructive termaination, you must show that the harassment was so bad that no reasonable employee would have remained employed with the employer.  It is a very difficult concept to prove.  If you decide to apply for unemployment, you should admit that you quit but contend that you were constructively terminated. You should have all of your evidence, particularly the text messages you referenced, organized and ready to present to the TWC.  Good luck. 
Answered on Jun 04th, 2018 at 6:18 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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