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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111477
Experience:  20+ Years of Employment Law Experience
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If I quit a job within three days because they were training

Customer Question

if I quit a job within three days because they were training me illegally which could have resulted if death and I proved that with witness etc can I be denied unemployment benefits
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
the first claim was filed feb2015 they have denied it saying it was a vq but yet 6months later I had a different employee which I quit on good terms to relocate which they claimed was also a vq they did not deny me so in they denied me 4700dollars because I quit a job that was not only training me illegally but could have killed me because of the illegal training and didn't deny me on another vq to relocate, which they first said would also be denied but wasn't. do I stand a chance with legal help of getting my first 4700dollars
Customer: replied 1 year ago.
can I sue the company that was traning me illegally and putting me in harms way because the company was clearly operating in a illegal manner?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, if you were not actually injured by the intentional misconduct of the employer, you could not sue the employer. Your only recourse is in filing for unemployment if you qualified. If you merely worked for them for 3 days, you would not qualify for unemployment under their unemployment benefits, you would have to qualify under your previous employer's benefits and if you prove that you quit because the terms and conditions were so intolerable (in this case dangerous) to the reasonable employee, then that is good cause for a voluntary quitting, but your entitlement to unemployment would be based on your previous employment, because you were not working long enough for this employer to qualify under their account.

If you have enough time to qualify under your previous employer and the only reason they are claiming you are denied is because the VQ was not for good cause, then you need to file an appeal and if you have exhausted your appeal to the unemployment division, you need to appeal to court as long as you are within the time stated on the denial of benefits appeal letter you received. If you have missed that time to appeal, I am afraid you would no longer have recourse to continue to pursue the matter.

Customer: replied 1 year ago.
I had worked for a company for a year prior but laid off by that company they did not deny unemployment benefits. meanwhile I was in process of filing for benefits when I went to work for the company that was training me illegally. so I quit and they denied all benefits which at that time added up to $4700. So the money was there but they kept going back to the company I worked for for 3 days using them as the excuse to deny benefits. how can that be legal. I appealed and appealed and at the first hearing was told I would be getting my benefits based on prior employment but as we proceeded with the hearing and I had witnesses to the illegal activity, they concentraited on that and not on the fact that, that job had nothing to do with my benefits since I had not made enough money and my prior employer was not denying the claim. I just don't understand how they can legally get away with this and it seems that the case has been adjusted to suit them and not to help me. would it be possible to have a letter sent to the unemployment office on my behalf to encourage them to do the right thing, or is it your opinion that I should give up and be done with it.
thanks
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You have to prove that you quit for good cause, which under law means you have to prove that the terms and conditions of your employment were so intolerable that the reasonable employee could not have continued. That is why we tell people to use unemployment law attorneys on these appeals, because the unemployment attorneys do not charge money up front and there are very specific legal arguments that have to be made to show that there was indeed good cause for leaving and a certain way evidence of that good cause needs to be presented and if someone does it incorrectly it could throw off the whole case.

If you still have time to appeal to the court, you need to get your appeal of the benefit denial filed or your case is over I am afraid. Your only recourse here is in the unemployment process.

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