Please....I need some help, and I need it quickly.

[LeftyFingerPop]

My friend Bob is a salesman for a technical company. He handles several accounts.

He had a large, problematic account taken away from him, cutting his income by a full 60%.

He has been verbally battered and abused by his boss to an extent that is so onerous, I cannot explain it here.

He had to go on medical leave with documented problems due to stress.

In a nutshell, he stopped making any money and his personal life was completely fucked up over this job.

He decided to quit.

Boss knows why, but is hesitant to inform "corporate" why for obvious reasons.

Boss offered to fire Bob, but that would entail Bob going back in for another 6 to 8 weeks so proper documentation can be done.

Bob decided to quit instead. I advised Bob to verbally notify boss and to NOT document anything through a resignation latter.

Boss is pressuring Bob for letter, and to come in to discuss accounts before making an announcement of his departure.

Bob says "No fucking way can I step foot in there again".

Bob is trying to contact lawyer but keeps getting voice mails.

Bob is concerned about unemployment because he quit.

Any general advice concerning unemployment and resignation letter, as well as communication with employer?

Thank you in advance.

[VMI Dem]

1. Constructive dismissal.

Research it.

[LeftyFingerPop]

2. Thank you. n/t

[closeupready]

3. has he spoken with a lawyer about "constructive discharge"?

n/t

[REP]

4. No unemployment for quitting a job; only for being fired or laid off

Your friend is better off filing a Workers Comp for stress.

[LeftyFingerPop]

8. Unemployment is available for constructive discharge which includes:

harassment and change in employment conditions (60% salary cut)

[REP]

10. Discharge = firing

Should check into WC for stress as well.

[LeftyFingerPop]

11. Thanks Rep, I get you....

but the "constructive" means "essentially firing", even though person resigned. In other words, being forced to quit.

[Vincardog]

5. Tell him to just stay home. Let his boss fire him. Then apply for unemployment

[caledesi]

19. yes...worked for me. nt

[CaliforniaPeggy]

6. Vibes for your good friend, my dear LFP...

:hug:

Thank you for being there for him!

[mike r]

7. Don't quit, get fired

Just don't let them fire you for misconduct (e.g. stealing, fighting etc.).

[Hawkowl]

9. DO NOT QUIT

Have him continue taking medical leave, or stalling or whatever. Absolutely do not have him submit anything in writing, especially resignation, without proper legal counsel. He has to be very careful while he's taking a medical/stress leave. Submitting the wrong type of letter could screw him out of all sorts of legal remedies and medical benefits.

He's probably getting the lawyer's voicemail because we are in the tail end of vacation season. He should try contacting other lawyers.

If he quits, in many states he is automatically disqualified from unemployment. He may appeal but that takes a long time.

The reason he is being pressured for a resignation letter is that it all sorts of legal hurdles/financial hurdles may prevent it from firing him.

[mdmc]

12. looks like a disability issue, not an unemployment issue

If his medical issues are due to a hostile workplace, he can sue.
If his medical issues keep him from performing gainful activity (employment), he can get SSDI.

He needs a lawyer, imho..

Peace and low stress..

[ashling]

13. If Bob quits, he needs to

document the abuse and give a letter of resignation indicating that he has to quit for health and or other reason's caused by the boss's abuse in order to preserve the claim of constructive dismissal.

If he quits and files for unemployment the claim will probably be denied so he will have to appeal, then the company will fight it. In any event, he is going to have to face all of this in front of people he'd probably rather not.

[nashville_brook]

14. this happened to me once and i did a constructive discharge -- it really helped!!

i didn't know that's what it was called at the time -- but that's exactly the agreement we worked out.

[TheKentuckian]

15. Never quit

[JuniperLea]

16. Good... you got the "constructive dismissal" deal going...

Now tell your pal to get on it right away! Do not wait!

I had this happen to a friend, who was also hassled to sign a letter... do not sign! Or write "signed under harassment and severe duress" so that it is just above and overlaps the signature. Demand a copy.

Do not wait!

Good luck to your friend... I hope you give a follow up... and that it is a positive one!

:hug:

[LeftyFingerPop]

17. THANK YOU ALL...HERE'S THE ANSWER PER ATTORNEY CONSULT

Submit "reluctant resignation letter".

Lay out in detail the hostile work environment.

State that you don't want to quit, but you feel that you are effectively being forced to resign under duress.

Refer to verbal and email discussions.

Submit letter with unemployment claim.

[LeftyFingerPop]

18. Kick.

[EC]

20. You can get unemployment for hostle work

environments. If he can link his stress to work with his doctor...