When your work environment becomes so toxic that you have to leave, your resignation letter is not a white flag of surrender. It’s your first move in a legal chess match. This document is where you formally declare that you are not simply quitting, but are being forced out due to intolerable conditions created or ignored by your employer. It’s the foundation of your entire case. A powerful constructive dismissal resignation letter transforms your departure from a voluntary act into a potential wrongful termination claim in the eyes of the law. We’ll break down exactly what to include, the common mistakes to avoid, and how to use this letter to protect your career and your legal rights.
Key Takeaways
- Know the Difference Between a Bad Job and a Legal Claim: Constructive dismissal isn’t just about being unhappy at work; it’s when an employer’s actions create conditions so intolerable that any reasonable person would feel they had no other option but to leave.
- Build Your Case Before You Walk Away: Your actions before you resign are critical. Meticulously document every incident, formally report the issues to give your employer a chance to fix them, and get a legal consultation to confirm you have a strong case.
- Treat Your Resignation Letter as Evidence: This letter is a foundational legal document. It must professionally and factually state that you consider your departure a “constructive dismissal” to create a clear record that protects your rights and supports your claim.
What Is Constructive Dismissal?
Have you ever felt like you had no choice but to leave your job? Not because you found a better opportunity, but because the situation at work became so unbearable you just couldn’t stay? That feeling of being pushed out the door, even without being officially fired, has a legal name: constructive dismissal. Think of it as a forced resignation. It happens when an employer’s actions are so egregious that they effectively break the employment agreement, leaving you with no reasonable alternative but to quit.
In the eyes of the law, a constructive dismissal is often treated just like a wrongful termination. Your employer might not have said, “You’re fired,” but their conduct created conditions so intolerable that any reasonable person in your shoes would have felt compelled to leave. This is a serious situation, and it’s important to understand what it means, how to recognize it, and what your rights are under California law. It’s not just about having a bad boss or a tough week; it’s about a fundamental breakdown of the work relationship caused by your employer’s behavior.
What Does “Forced to Quit” Really Mean?
Being “forced to quit” means your employer has created or allowed working conditions to become so difficult or unpleasant that you can’t continue working there. It’s more than just disliking your job; it’s about your employer fundamentally changing the terms of your employment in a negative way or creating a hostile work environment. This could look like a sudden, drastic pay cut, a demotion without cause, being stripped of all your responsibilities, or being subjected to ongoing harassment that management ignores. The key is that the employer’s action, or inaction, is what makes staying in your role impossible.
Know Your Rights Under California Law
California law takes constructive dismissal very seriously. To make a successful claim, you generally need to prove two things: that the working conditions were so intolerable that a reasonable person would feel forced to resign, and that your employer intentionally created or knowingly permitted those conditions. This is a high standard to meet, which is why documenting everything is so important. Before you make any decisions, especially the decision to quit, it is absolutely essential to get legal advice. An experienced employment lawyer can help you understand your options and determine if your situation meets the legal threshold for a constructive dismissal claim.
Constructive Dismissal vs. Quitting: What’s the Difference?
The difference between constructive dismissal and simply quitting is huge, both personally and legally. When you quit your job, you are voluntarily ending the employment relationship. In most cases, this means you aren’t eligible for unemployment benefits and you can’t sue your employer for wrongful termination. Constructive dismissal, on the other hand, is considered an involuntary act. You didn’t want to leave, but your employer’s actions forced your hand. Because it’s viewed as a termination initiated by the employer, you may be entitled to the same legal remedies as someone who was illegally fired. This distinction is critical for protecting your rights and your career.
Signs You Might Have a Case for Constructive Dismissal
It can be tough to know when a bad work situation crosses the line into something legally actionable. Constructive dismissal isn’t about having a single bad day or disagreeing with your boss. It happens when your employer’s actions—or failure to act—create a work environment so intolerable that any reasonable person would feel they have no choice but to resign. This could be a single, serious incident or a pattern of smaller issues that build up over time. Think of it as your employer fundamentally breaking their side of the employment agreement. If you’re feeling pushed out, here are some common signs that you might have a case.
Your Job Was Changed Without Your Consent
While jobs evolve, your employer can’t unilaterally make significant, negative changes to your role without your agreement. This could look like a sudden demotion, a drastic reduction in your core responsibilities, or being reassigned to a different location that creates an unreasonable commute. These aren’t minor tweaks to your daily tasks; they are fundamental changes that alter the nature of the job you were hired to do. If your employer imposes such a change and refuses to address your concerns, it may be considered a breach of your employment contract, giving you grounds to claim you were forced to quit.
You’re Facing Harassment or Discrimination
No one should have to endure a hostile work environment. If you are being subjected to persistent harassment or discrimination based on your race, gender, age, disability, or another protected characteristic, your workplace can become unbearable. This includes sexual harassment, constant bullying, or offensive comments that your employer fails to stop. When you report this behavior and your employer does nothing to correct it, they are failing in their legal duty to provide a safe workplace. This inaction can make your continued employment impossible and may form the basis of a constructive dismissal claim.
Your Pay or Benefits Were Unfairly Cut
Your compensation is a core part of your employment agreement. An employer generally cannot decide to cut your pay, change your commission structure to your detriment, or take away essential benefits without your consent. While a company-wide policy change might be different, a targeted reduction to your pay is often a clear breach of contract. This isn’t about a disappointing annual bonus; it’s about your employer failing to pay you what you’ve earned and what was agreed upon. If your employer has unfairly reduced your compensation and you feel you have no other option but to leave, you may have a strong case. Many of these issues fall under California’s wage and hour laws.
Your Workplace Became Unsafe
Your employer has a fundamental responsibility to provide a safe and healthy work environment. If they repeatedly ignore serious safety concerns—whether it’s providing faulty equipment, failing to follow health regulations, or not protecting you from threats of violence—they are putting you at risk. Being forced to choose between your personal safety and your job is an untenable position. If you have raised these issues and your employer has refused to take corrective action, making it too dangerous for you to continue working, this can be a clear sign of constructive dismissal. This is especially true if you face retaliation for reporting the safety violations.
What to Do Before You Write Your Resignation Letter
Resigning from your job is a major decision, and when you feel you’re being forced out, the stakes are even higher. Before you put anything in writing, it’s essential to take a step back and prepare. The actions you take leading up to your resignation can significantly impact the strength of a potential constructive dismissal claim. Think of this as building your foundation; a strong case isn’t just about the final letter, but about the careful, deliberate steps you take beforehand. Rushing this process can undermine your efforts, so it’s worth the time to get organized, seek advice, and ensure you’re on solid ground before you make your move.
Keep a Detailed Record of Everything
From this moment on, documentation is your best friend. Start a private log of every incident that contributes to your unbearable work situation. For each entry, include the date, time, location, and a factual description of what happened. Note who was involved and if there were any witnesses. This record isn’t the place for emotional venting; stick to the facts. Be specific about how policy was violated or how your work environment became hostile. Your resignation letter will eventually become a key piece of evidence, and having a detailed timeline to back it up will be invaluable if you pursue legal action for a hostile work environment.
Try to Resolve the Issue Internally
Before you can claim you were forced to quit, you generally need to show that you gave your employer a chance to fix the problem. While it may be the last thing you want to do, try to address the issue through official channels. Start by speaking with your manager or an HR representative. If an informal conversation doesn’t lead to any changes, file a formal written complaint, often called a grievance. Following the company’s internal procedures demonstrates that you made a good-faith effort to resolve the situation. This step is crucial because it puts the company on notice, and their failure to act strengthens your claim that you had no other choice but to leave.
Get a Legal Consultation
This is arguably the most important step: speak with an experienced employment lawyer before you resign. Constructive dismissal cases are complex, and quitting your job without legal guidance is a significant risk. An attorney can review the facts of your situation, determine if you have a strong case, and explain your rights under California law. They can advise you on the best way to proceed and help you craft a resignation letter that protects your legal interests. Getting professional advice from our firm can provide clarity and confidence, ensuring you don’t unintentionally weaken your position before you’ve even left the company.
Gather Your Supporting Evidence
Your detailed record is your narrative; your evidence is the proof. Collect any documents that support your claims. This includes emails, text messages, performance reviews, memos, pay stubs, or official company policies that were violated. If you have copies of your formal complaints and your employer’s responses (or lack thereof), save those as well. Make sure you have personal copies of these documents stored somewhere you can access after you leave the company. This tangible proof is critical for substantiating your claim and showing a pattern of behavior that led to your potential wrongful termination.
Be Aware of Important Deadlines
The law sets strict time limits for filing employment claims. These deadlines, known as statutes of limitations, can be complex and vary depending on the specifics of your case. If you miss the window to file, you could lose your right to take legal action altogether. In California, some claims must be filed within a year, while others have different timelines. This is another reason why contacting an attorney early in the process is so important. They can help you understand the specific deadlines that apply to your situation, ensuring you take action before it’s too late. You can review our California Wage & Hour Claims chart for examples of these timelines.
How to Communicate Your Concerns Professionally
When your work environment becomes unbearable, your first instinct might be to walk out and never look back. But before you do, it’s critical to communicate your concerns professionally. Taking a calm, documented approach not only gives your employer a chance to fix the problem but also creates a clear record of your efforts. This paper trail is incredibly important if you later need to prove you were forced to resign. Think of it as building the foundation for your constructive dismissal case, one clear and professional step at a time.
Request a Formal Meeting
Before putting anything in writing, it’s often a good idea to request a meeting with your manager or an HR representative. An informal conversation can sometimes clear up misunderstandings or lead to a quick resolution. Frame your request professionally in an email so you have a record of reaching out. In the meeting, calmly state the issues and how they are impacting your ability to do your job.
While this step shows you’re making a good-faith effort to resolve the situation, be prepared for the possibility that nothing will change. The goal here is to give your employer a fair chance to address the problem. If they fail to act, their inaction becomes part of your record and strengthens your claim that you had no other choice but to leave your employment.
Put Your Grievances in Writing
If a formal meeting doesn’t happen or fails to resolve the issue, your next step is to submit a formal written complaint. This is often called “raising a grievance.” This letter or email should clearly and concisely outline the problems you’re facing. Be specific: include dates, times, locations, and the names of anyone involved. Explain how your employer’s actions (or inaction) have created a hostile work environment or otherwise breached your employment agreement.
This document is not the place for emotional language. Stick to the facts. Submitting a formal grievance officially puts your employer on notice and legally requires them to investigate. Their response—or lack thereof—is a critical piece of evidence for your case.
Always Follow Up in Writing
Documentation is your best friend in these situations. After any verbal conversation about your concerns—whether it’s a formal meeting or a quick chat in the hallway—send a follow-up email. This creates a written record of your conversation and protects you from future disputes over what was said.
Your email should be simple and professional. Briefly summarize the key points of the discussion, any solutions that were proposed, and any timelines that were agreed upon. For example: “Hi [Manager’s Name], thanks for meeting with me today. To recap, we discussed the ongoing issue of [problem], and you agreed to [action item] by [date].” This simple step ensures everyone is on the same page and provides you with more evidence should you need to pursue a wrongful termination claim.
Propose Clear Solutions
When you communicate your concerns, it’s helpful to propose reasonable solutions. Instead of just listing problems, show that you are actively trying to find a way to make the situation work. For example, if your job duties were changed unfairly, you could suggest returning to your original responsibilities. If you’re consistently being denied breaks, you could propose a schedule that ensures you receive them as required by law.
Proposing solutions demonstrates that you are committed to resolving the issues, not just complaining. It shows you made every effort to fix the intolerable conditions before resigning. If your employer ignores these reasonable suggestions, it further proves that you were left with no alternative. Understanding your rights, such as those outlined in the California wage and hour claims chart, can help you propose specific, legally sound solutions.
How to Write Your Constructive Dismissal Resignation Letter
When you’re forced to leave a job because the environment has become unbearable, your resignation letter is more than just a formality—it’s a critical piece of evidence. This letter establishes the foundation for your legal claim by formally documenting that you didn’t just quit, but were compelled to leave due to your employer’s actions or inaction. Think of it as the first official step in telling your side of the story. A well-crafted letter clearly outlines the intolerable conditions that led to your departure, creating a formal record that will be essential if you pursue legal action. It demonstrates that your decision was a last resort, made only after the situation at work became impossible to endure.
This document serves as your official statement, capturing the circumstances of your departure while they are still fresh. It can be a powerful tool in proving that your employer created or allowed a hostile work environment that left you with no reasonable alternative but to leave. By carefully articulating your reasons in writing, you create a timestamped record that can counter any attempts by your employer to reframe your departure as a simple, voluntary resignation. Getting this letter right is a key step in protecting your rights and setting the stage for a successful constructive dismissal claim.
Structuring Your Letter for Impact
Your resignation letter is a legal document in the making, so its structure and content matter immensely. Keep it clear, concise, and focused on the facts. Start by stating that you are resigning from your position and include your intended last day of employment. Crucially, you must explicitly state that you consider your resignation a constructive dismissal. Follow this with a brief, factual summary of the reasons for your departure. You don’t need to detail every single incident, but you should reference the core issues—such as a pattern of harassment or a significant, unilateral change to your job duties—that made your continued employment impossible.
Keeping Your Tone Professional
It’s completely understandable to feel angry, hurt, or frustrated, but it’s vital to keep those emotions out of your letter. A professional, business-like tone will strengthen your position. Stick to the facts and avoid using accusatory, emotional, or inflammatory language. Let the employer’s actions speak for themselves. For example, instead of saying, “My manager is a bully who made my life miserable,” you could write, “The ongoing pattern of unprofessional conduct and verbal harassment from my manager has created an untenable work environment.” This approach shows that you are being rational and objective, which will be far more credible in any future legal proceedings related to your wrongful termination.
Key Information You Must Include
To ensure your letter is effective, there are a few key phrases and pieces of information you must include. First, clearly state that you are resigning and that you view this as a “constructive dismissal.” Using this specific legal term signals your intent and understanding of the situation. You should also briefly mention the fundamental breach of your employment contract—the final event or ongoing issue that forced your hand. For example, you might reference a recent demotion, a failure to address a formal complaint about discrimination, or the last instance of illegal conduct. Finally, make it clear that you feel you have been left with no other option but to resign.
Common Mistakes to Avoid
One of the most common mistakes is waiting too long to resign after the final incident occurs. Delaying your resignation can suggest that you accepted the new, intolerable conditions, which can weaken your claim. If there was a delay, you should briefly explain why—for instance, you were waiting for the outcome of an internal grievance process. Another mistake is being too vague. While you should avoid writing a novel, you need to provide enough context for your claims to be understood. Don’t just say the work environment was “toxic”; reference the specific type of conduct, such as unresolved retaliation, that made it so.
How to Properly Deliver Your Letter
How you deliver your letter is just as important as what it says. You need proof that your employer received it. Before sending, check your employment contract or company handbook for any specific instructions on how to give notice. It’s a good practice to send the letter to both your direct supervisor and the HR department. Email is often a good option, as you can request a read receipt to confirm it was opened. Alternatively, you can send a physical copy via certified mail, which provides a tracking number and delivery confirmation. If you deliver it in person, bring two copies and ask the recipient to sign and date one for your records.
Understanding Legal Timelines and Requirements
When you’re forced to leave a job you once valued, navigating the next steps can feel overwhelming. Beyond the emotional toll, there are critical legal timelines and requirements you need to manage. Think of this as the strategic part of your exit. How you handle your notice, your final pay, and your documentation can significantly shape the outcome of a potential legal claim. It’s not just about writing a letter; it’s about building a foundation for your case.
Following the correct procedures shows that you acted reasonably and professionally, even when your employer did not. It also ensures you don’t accidentally forfeit your rights. From the moment you decide to resign, every action you take—and the timing of those actions—matters. This includes understanding when to give notice (or if you should at all), how to formally request your final wages, and why your resignation letter is more than just a goodbye. Most importantly, you need to be aware of the strict deadlines for taking legal action. Missing a deadline can mean losing your right to file a claim, no matter how strong your case is. Let’s walk through these key steps so you can move forward with confidence.
Giving the Right Amount of Notice
One of the first questions that comes to mind is, “Do I still have to give two weeks’ notice?” When an employer’s actions have made your work environment intolerable, they have likely breached your employment contract. In this situation, you may be able to leave immediately without serving a notice period. However, this move comes with its own risks, as leaving abruptly could be seen as a breach of your own contractual obligations. Before you decide to walk out, it’s wise to get legal advice. An experienced attorney can help you assess whether your employer’s actions justify an immediate departure and protect you from potential complications. This is a key part of building a wrongful termination case.
Securing Your Final Pay
When you resign, you are entitled to all the compensation you’ve earned. This isn’t just your final paycheck; it can also include accrued vacation pay, unpaid commissions, or expense reimbursements. In your resignation letter, be sure to formally request all outstanding payments. You can include a simple, professional sentence such as, “Please include all of my accrued vacation pay and outstanding expense reimbursements with my final paycheck.” Putting this request in writing creates a clear record. If your employer fails to pay you what you’re owed, you may have grounds for additional wage and hour claims, which is why documenting everything is so important.
The Importance of Keeping Records
Your resignation letter is more than a formality—it’s a critical piece of evidence. This document will likely be reviewed by your former employer, their lawyers, and potentially a court if you pursue a legal claim. It serves as a formal record of why you left your job, establishing a direct link between your employer’s conduct and your departure. Because this letter carries so much weight, it’s essential to have it reviewed by a legal professional before you send it. An attorney can help you frame your reasons clearly and professionally, ensuring your letter strengthens your case without creating unintended legal vulnerabilities. Protecting your rights under employment law starts with careful documentation.
Deadlines for Filing a Claim
In California, the law sets strict time limits, known as statutes of limitations, for filing legal claims. These deadlines vary depending on the nature of your case. For example, the deadline for a wrongful termination claim might be different from one for a discrimination claim. If you miss the deadline, you could lose your right to seek justice forever, regardless of how compelling your evidence is. This is why it’s absolutely critical to act quickly. As soon as you believe you have a case for constructive dismissal, you should speak with an attorney to understand the specific timelines that apply to your situation. The team at Our Firm can help you understand your rights and ensure every deadline is met.
Where to Find Support and Legal Help
Feeling forced out of your job is an incredibly isolating experience, but you don’t have to face it alone. Several resources are available to provide guidance, from confidential counseling to expert legal advice. Knowing where to turn can make a significant difference in how you handle the situation and protect your rights. Let’s walk through the key people and organizations that can support you during this challenging time.
Exploring Your Support Systems
Your company may offer an Employee Assistance Program (EAP), which provides confidential services like counseling and resource referrals for personal and work-related problems. This can be a good starting point for getting immediate, professional support to manage the stress you’re under. While EAPs are a valuable resource, remember that they are provided by your employer. For advice focused solely on your rights and interests, you’ll want to look at external options as well. Don’t underestimate the power of your personal network—friends, family, and trusted former colleagues can provide emotional support and a much-needed sounding board. Understanding all aspects of employment law can also empower you as you decide on your next steps.
Finding Legal Aid and Resources
Speaking with an employment lawyer is one of the most important steps you can take. An experienced attorney can listen to your story, help you understand if your situation legally qualifies as constructive dismissal, and explain your options. They can determine if you have a strong case for wrongful termination and guide you on how to proceed, whether that involves negotiating a settlement or filing a formal claim. Many law firms, including Bluestone Law, offer initial consultations to review your case. Additionally, local labor advocacy groups and non-profit legal aid societies can offer free or low-cost resources and assistance for workers facing difficult workplace situations.
Reaching Out to Professional Organizations
If you belong to an industry or professional organization, it can be another source of support. These groups often have resources, mentorship programs, and even legal referral services for their members. They understand the specific challenges and standards within your field. Some organizations have codes of ethics or conduct that your employer may have violated, which can add weight to your claim. Connecting with peers in your industry can also provide a sense of community and validation, reminding you that you are not alone in facing a hostile work environment. They may even be able to share their own experiences or offer career advice for your transition.
Contacting Your Union Representative
If you are a member of a union, your representative should be one of your first calls. Unions exist to protect the rights of their members, and your representative is your dedicated advocate. They are deeply familiar with the terms of your collective bargaining agreement and can immediately tell you if your employer’s actions violate your contract. Your rep can help you file a formal grievance and will represent you in discussions with management. They are a powerful ally, trained to handle these exact situations and protect you from being a victim of retaliation at work. Don’t hesitate to reach out to them as soon as you feel your work environment has become intolerable.
How to Protect Your Career Moving Forward
Leaving a job due to constructive dismissal is a significant and often stressful decision. It’s not just about ending a chapter; it’s about setting yourself up for a successful future. Once you’ve submitted your resignation letter, your focus should shift to protecting your professional reputation and ensuring your next steps are on solid ground. This means thinking strategically about references, potential settlements, and how you’ll handle the transition. Taking the right actions now can make a world of difference in your career path and give you the peace of mind you deserve as you move on to a healthier work environment.
What This Means for Your Future References
It’s natural to worry about how a former employer will respond when a future job prospect calls for a reference. Your resignation letter is a crucial piece of your story, as it formally documents why you left. If you end up pursuing a wrongful termination claim, this letter helps establish the facts. In California, the law generally limits what a past employer can say about you, often restricting them to confirming your job title and dates of employment. By clearly and professionally outlining the intolerable conditions that led to your departure, you create a record that protects your reputation and counters any misleading narratives from your former employer.
Should You Consider a Settlement?
In some cases, your employer might offer you a settlement or severance agreement when you resign. While the offer of immediate financial compensation can be tempting, it’s critical to understand what you’re signing. Accepting a settlement almost always requires you to waive your right to take any future legal action against the company for constructive dismissal or other claims. Before you even think about signing, you should carefully weigh the benefits of a guaranteed payment against the potential compensation you could receive from a successful legal claim. It is always a good idea to have an experienced employment lawyer review any settlement offer to ensure your rights are protected.
Exploring Alternative Dispute Resolution
Heading straight to court isn’t your only option, and it’s often not the first one. Before things escalate, you can explore alternative ways to resolve the conflict. This might involve mediation, where a neutral third party helps you and your employer reach a mutually agreeable solution. Some employment contracts require arbitration, which is a more formal process than mediation but less formal than a lawsuit. These methods can often lead to a faster, more private, and less stressful resolution than a public court battle. Discussing these options with your attorney can help you decide on the best path forward for your specific situation.
Preserving Your Documentation for the Future
Throughout this process, your personal records are your most powerful tool. Make sure you keep copies of everything related to your employment and your reasons for leaving. This includes your resignation letter, performance reviews, emails, text messages, and any notes you took about specific incidents. Store these documents in a secure, personal place that you can easily access—never on a work computer or device. This collection of evidence will be essential if you decide to pursue a legal claim, as it provides your attorney with the detailed proof needed to build a strong case on your behalf.
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Frequently Asked Questions
What’s the difference between a tough job and actual constructive dismissal? This is a great question because the line can feel blurry. A tough job might involve high stress, long hours, or a demanding boss. Constructive dismissal, however, is about your employer creating or allowing conditions so intolerable that any reasonable person would feel they had no choice but to leave. It’s often tied to illegal actions like discrimination, harassment, or a significant breach of your employment contract, like suddenly cutting your pay in half. The key difference is that the situation is not just difficult—it’s unbearable due to your employer’s specific actions or failures to act.
Do I absolutely have to complain to HR before I quit? I’m afraid they’ll just retaliate against me. It’s completely valid to be worried about retaliation. However, giving your employer a chance to fix the problem is a critical step in building a strong constructive dismissal case. You need to show that you didn’t just walk away at the first sign of trouble. By formally reporting the issue to HR or management, you put the company on notice. If they fail to act or retaliate against you for speaking up, their inaction or illegal response actually strengthens your claim that you had no other option but to resign.
What if I already quit my job out of frustration without writing a formal resignation letter? Is it too late for me? It’s not necessarily too late, but it does make your situation more complex. A formal resignation letter serves as powerful, time-stamped evidence that you left due to specific, intolerable conditions. Without it, you’ll need to rely more heavily on other documentation like emails, text messages, and witness testimony to prove you were forced out. The most important thing you can do now is to speak with an employment attorney right away to review the facts of your departure and figure out the best path forward.
I’m worried I can’t afford to hire a lawyer to help me with this. What are my options? This is one of the biggest concerns people have, and it’s completely understandable. The good news is that many employment law firms, including ours, operate on a contingency fee basis. This means you don’t pay any legal fees upfront. The firm only gets paid if they successfully win or settle your case, typically taking a percentage of the final amount. Most also offer a free initial consultation, so you can get professional advice on your situation without any financial risk.
Can I collect unemployment benefits if I was forced to quit? Generally, you can’t receive unemployment benefits if you voluntarily quit your job. However, constructive dismissal is considered an involuntary separation. If you can demonstrate to the unemployment office that you left for “good cause” directly related to your employer’s actions—such as creating a hostile work environment or fundamentally changing your job for the worse—you may still be eligible for benefits. The same evidence you gather for your legal claim can be used to support your application for unemployment.