QUESTION

Employment issues

Asked on May 08th, 2022 on Labor and Employment - New York
More details to this question:
Can I sue my employer for having an unsafe work environment? As in the workplace building is falling down. Do I have other legal options? Can I quit and get unemployment? Thanks
Report Abuse

1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
Update Your Profile
The Occupational Safety and Health Act is a federal law which requires reasonably safe workplaces for everyone. Constructive discharge is VERY hard to prove. It means that an employee is forced to quit and that no reasonable employee would have remained and tolerated the workplace, often because the employee is being discriminated or subjected to a hostile work environment. OSHA can be more challenging to prove. Have you spoken to your employer or contacted OSHA if the employer is not interested in discussing the situation with you? Hopefully the employer does not have a legitimate, non-discriminatory reason to fire you. If you had reason to believe that you are a whistleblower, your facts unclear in that regard, the employer could not retaliate against you. But if the employer has other valid, legitimate reasons to let you go those could deny you unemployment since gross misconduct and quitting are usually unemployment benefits disqualifiers. If you don't already have a job lined up, start looking, and definitely speak with several employment lawyers before you take any action. Your facts are not specific enough to support any type of action based on your disclosures herein. You need to speak with employment lawyers before doing anything. Good luck.  
Answered on May 09th, 2022 at 9:02 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters