CanI quit my job and collect unemployment if the chemical fumes make me sick?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
CanI quit my job and collect unemployment if the chemical fumes make me sick?
The company that I work for has made me take a new position and now I am forced to work in a department where the fumes from the chemicals to make the product, as well as the product itself, give me a headache and all sorts of sinus trouble. Can I still collect unemployment benefits if I quit?
Asked on July 13, 2011 under Employment Labor Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In order to be eligible for unemployment benefits in North Carolina, you have to have lost your job through no fault of your own. This typically means that if you quit your job, you can't get unemployment. So if you quit your job because you don't like it, or it was too hard, or because it didn't pay enough, or because the hours didn't work for your schedule, don't expect to collect unemployment.
That having been said, if you are in a hostile work environment or otherwise feel like you have to quit for a very good reason such a threat to your health or safety, then you are eligible to collect unemployment benefits. However, the burden is on you to prove that a dangerous or hazardous work environment in fact exists. There will have to be a hearing and you will have to document your evidence. A good start would be a letter from your doctor attesting to the health impairment your work conditions are causing you. Any and all back-up evidence should also be presented.
At this point before you do anything, you should contact NC's department of labor or even your local unemployment office and ask for a list of criteria that is necessary to prove an unsafe working enviornment. You can also contact an employment law attorney for suggestions. An hour or so consult with one could be well worth it.
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.