If my unemployment claim is being appealed by my employer, what do I need to be prepared?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my unemployment claim is being appealed by my employer, what do I need to be prepared?

I quit due to my shift being robbed at gun point. I asked my manager and my shift leader if things can be changed. We were robbed because I was outside alone at 3:00 in the morning (cleaning pumps). I felt that going out after dark wasn’t safe anymore. They took it as a joke. I quit by telling my shift leader that I wasn’t coming in anymore, so then the manager called me the next day asking if I could come in. Feeling obligated because I was scheduled, I told her that I would see if I could. I’m on anxiety meds and that didn’t help.

Asked on March 11, 2011 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Oh and get copies of the crime rate for your area and all reports made by you on the robberies, etc.  The local police deparment can give you the information or you can file a Freedom of Information FOIL request. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

There is a general rule for collecting unemployment benefits: that you must be unemployed through no fault of your own.   So then naturally it is assumed that if you quit (or if you are fired for what is known as "cause" like stealing then you can not collect) you can not collect.  But there are exceptions to this rule as well.  Unsafe or unhealthy work conditions can be that exception and it appears that your situation may qualify.  Go on-line and do a little research on these points and I would call your state Department of Unemployment and as in general about this rule.  Your state website may also have some cases on it.  They are usually short and easy to read.  If this is too much for you hire an attorney.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption