in deten mining whether a reasonable person would consider the conditions intolerable. Turner, 7 Cal.4th at 1254, 32 Cal.Rptr.2d 223, 876 P.2d 1022; see also Mullins, 15 Cal.4th at 740, 63 Cal.Rptr.2d 636, 936 P.2d 1246 (noting that “the longer the employee delays ... resignation, the more difficult it may be to prove” intolerability). Intolerability is typically reserved for the jury, Huskey v. City of San Jose, 204 F.3d 893, 900 (9th Cir.2000), which can consider “all of the circumstances of the employment relationship.” Thompson v. Tracor Flight Sys., Inc., 86 Cal.App.4th 1156, 1169 n. 1, 104 Cal.Rptr.2d 95 (2001). Still, we can in certain circumstances conclude as a matter of law that conditions were not sufficiently severe to warrant resignation. See, e.g., Huskey, 204 F.3d at 901 (<HOLDING>); Turner, 7 Cal.4th at 1255, 32 Cal.Rptr.2d
holding that an employee might be entitled to overtime where he was told that he would not be paid overtime but was not told to limit his hours holding insureds claim against insurance agent for negligent misrepresentation not preempted by erisa agent told insured he would be covered for workrelated injuries when he in fact was not holding city attorney faded to state claim  he was told he would be referred to counseling assigned undesirable cases and given the cold shoulder by colleagues holding that plaintiff had standing to challenge constitutionality of a georgia criminal trespass law because he was warned twice to stop handbilling and was told that if he engaged in the activity again he would be arrested holding that a suspect must be warned prior to any questioning that he has the right to remain silent that anything he says can be used against him in a court of law that he has the right to the presence of an attorney and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires