Forced to quit due to safety hazard

Question Details:

I worked for a roofing company who asked me to tear off a roof that was asbestos. I was stranded on the job that day and was told that I could not get a ride back to town. The next day I refused to work on this roof because the company did not have the proper equipment. I was then threatened by several employees of the company until i was forced to resign. Is there anything that I can do about this?

Asked 11/5/2009 under Employment and Labor | 156 View(s) | More Legal Topics

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Employment and Labor Law Answers

It's possible, although it might take some research to make sure, once your lawyer has gotten the facts in a bit more detail.  But I think this is well worth following up.

Ordinarily, the company could have fired you for no reason at all, and there would be nothing you could do about it other than apply for unemployment benefits.  But if you can prove that you were forced to resign, because you refused to perform illegal asbestos removal, you might be able to establish that you were "constructively discharged" (legalese for effectively fired, and the same thing for purposes of the case), and it's possible that firing you for that refusal could be unlawful.

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