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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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I WAS RED TO DO THE ACCOUNTING OFFICE IN 11/2014 - THEY

Customer Question

I WAS HIRED TO DO THE ACCOUNTING FOR THE OFFICE IN 11/2014 - THEY FIRED THE BOOKKEEPER IN 1/16 AND EXPECT FOR ME TO DO BOTH JOBS
AND TWO GIRLS WHO WORK IN THE OFFICE BROUGHT A GUN INTO THE OFFICE
Submitted: 8 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 8 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, I don't believe you have enough here to allow you to resign and still get unemployment.

On the first issue with the book keeper quitting, that gives you no legal basis for resigning and getting unemployment at all. In employment, unless you have a contract that specifies that you your terms of employment can only be altered with your consent, your employment terms are "at will" and can legally be altered at any time. Only a significant reduction in your actual pay can constitute a sufficient basis for resigning and getting unemployment.

On the second issue, two girls bringing guns into the office doesn't meet the standard of establishing an unsafe workplace. Perhaps you left some facts out here, but you'd need to show that there were threats made against you or the office, that you went to the employer and asked them to resolve the safety issues, and the employer refused. Just bringing a gun somewhere is not necessarily a safety issue. You need more than just the presence of the gun...you need evidence that show that these particular individual's reason for bringing the gun was to threaten and intimidate, such that there is a imminent safety issue AND you attempted to resolve it with the employer who refused to do anything. THEN you could resign and have a reasonable argument for obtaining unemployment.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 8 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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