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

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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 11 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 11 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.


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