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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I recently quit a job do to another employee. I accepted a

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I recently quit a job do to another employee. I accepted a position with another company and took a post employment drug test. I never recibes a call back so i calles to ask what Mt start date was going to be and was told the job position was declined. So i went looking for another job and took a position with a place. I worked for them for teo says and quit because of unsafe working conditions IE climbing on top of large sylenders without any safety restraints. I almost slid of a 14 ft sylender. I live in indiana. Would there be cause or ability to file for unemployment?
Thank you for your question. Please permit me to assist you with your concerns.

Just to be sure I understand, you worked for a company and then quit because you felt that the company had unsafe working conditions. You now wish to know if you can file for unemployment, correct?
Customer: replied 3 years ago.

It is complex. I quit one job due to another employees anger problem that couldnt get resolved. I took a position with another company. I took a post offer drug test was brought in an expained my job and was never called back about. So I took a position wher not knowing that it was an unsafe. I was told it was how they allways have been done.

Thank you for your follow-up.

What governs in unemployment benefit cases is whether or not you were terminated without cause. If you were, you are potentially entitled to benefits. Terminating on your own is considered to be 'voluntary termination' and does not entitle you to benefits. This is expressly designed to keep people from quitting and obtaining benefits when they could still be employed. The two exceptions may be if the employer agreed to waive or not fight the unemployment petition, or if the employee quit based on pervasive and extensive hostile work environment. Any other reasons for quitting generally do not grant an employee the right to seek unemployment benefits.

Good luck.

Customer: replied 3 years ago.

so as far as my last position. As far as unsafe, unchangable working conditions isnt grounds?

Thank you for your follow-up.

My apologies but that would not count under state law. You would first have to contact the employer and HR to see if they will change conditions, then see if the conditiosn violate OSHA or other federal regulations. If they do not, there is no basis to quit. If the employer is in violation, then youw ould need to report to OSHA which then grants protection of being a 'whistleblower' and then termination of you would no longer be potentially possible. But quitting on your own otherwise does not provide protection as there is no evidence other than your own words that the employer was unsafe.

Good luck.

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