If I quit my job, can Ireceive unemployment if I’m infor fear of getting shot at work?

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If I quit my job, can Ireceive unemployment if I’m infor fear of getting shot at work?

Do not want to report, a hit on my head. Homicides at work, armed gun men, known race issues. I do not want to return to work out of fear. What grounds do I have and can I get unemployment?

Asked on August 18, 2010 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately quitting voluntarily, even if its because you feel unsafe, does not in and of itself entitle you to collect unemployment. In theory you could still do your job (no matter how ill at ease you may feel).  The general rule is that if nothing material changes about the job (ie if it is still the same as when you were hired) then if you leave voluntarily you won't won't be entitled to unemployment insurance. Unfortunately, unless you can demonstrate that you quit for "good cause" you will not qualify. And your case it made that much harder since you did not report the incident in which you were hit in the head.

However, you may have some sort of claim for harassment due to racial discrimination.  Without more details its hard to say. At this point, you may want to speak with your state's department of labor or an employment law attorney to more fully explore your rights. 


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