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Work Condition Questions

When working outside of the home, employees deal with many types of work environments and conditions. Many work conditions include unsafe work conditions, hazardous work conditions, and hostile work conditions. Read below where Experts have answered the top commonly asked questions relating to unsafe work conditions.

If an employees work condition and job duties have changed which resulted them in needed time off but was denied for time off and they took it off anyway, the employer is now giving them the choice of termination or quitting, which would be best to receive unemployment benefits?

In order to receive unemployment benefits, the employee would need to be terminated. If the employee just quits their job, they will need to show that they had good cause to quit and that reduces their chance of receiving the benefits. In this case, the employee can state that the work conditions have changed significantly since they have started and they could not work under these conditions, so they had no choice but to quit. By doing this, it can be considered a good cause to leave the employment.

If an employee quits because of unsafe work conditions (stove catching on fire and employer has done nothing about it) can they be denied for unemployment benefits?

In many cases if an employee has quit their job they will not be entitled to unemployment, unless it is for good cause. A good cause would be considered an unsafe work environment. The employee would need to prove that the working conditions were unsafe with documentation stating that the fire happened because of a malfunction with the stove, and the employer has taken no actions to repair it. If an employee feels they are working in unsafe work conditions, they need to report this immediately.

Can an employee receive unemployment benefits if they voluntary quit their job because their work conditions were unbearable?

The employee can receive unemployment benefits when they quit only if they had a “good cause” to leave their employment. Such as an employee who wanted to keep their job would be forced to quit, like an employer changing the employees work schedule to hours they cannot commit to because of childcare or an employer requesting the employee do something that is illegal. These are examples of what can be considered “good cause”.

If an employee has diagnosed with Post Traumatic Stress Disorder (PTSD) which has aggravated their work conditions, and have co-workers with the same work conditions who do not have PTSD, does the employee have recourse under the Americans with Disabilities Act (ADA) ?

According to the new Americans with Disabilities Act guidelines, it is likely that Post Traumatic Stress Disorder would be considered under the ADA, so their doctor would need to document how this permanently impairs a major life function and then suggest many reasonable accommodations to the employer. If the employer refuses, and terminates the employee, the employee will need to file a complaint to the commission on human/civil rights and the Equal Employment Opportunity Commission for discrimination and then they will need to investigate to decide if the employee has the right to sue.

What can an employee do if their supervisor is hostile and has made them feel intimidated and also talking about the employees work with others?

In many employments supervisors act unprofessional and show frustration towards employees and even terminate an employee who is at-will for no reason at all. If these actions are directed towards discrimination based upon race, gender, disability etc., the employee can file a claim against their supervisor on discrimination. Also, if the supervisor makes false statements about an employee to others or if the false statements damage the employee, the employee may also sue the supervisor and/or the company for defamation.

Everyday employees are facing many different work conditions. In some cases these work conditions are either unfair or unsafe, and there are laws that protect employees from these sorts of work conditions. Contact an Expert to gain insight and legal answers on the laws of work conditions.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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12 Employment Lawyers are Online Now

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Recent Work Condition Questions

  • I have been on unpaid leave (with company's knowledge and agreement)

    I have been on unpaid leave (with company's knowledge and agreement) due to health reasons while waiting to see if I can go back on short-term disability (STD). I used up my 12 weeks of FMLA leave while on STD earlier this year due to a car accident. I went back to work for two months but once I resumed my regular work hours/duties/desk set up my symptoms from the accident were exacerbated and unfortunately, I also began to experience different symptoms that have been even more painful and debilitating than the issues from the accident which is why I was requesting a new STD claim.
    However, the STD company just denied my request (which I want to dispute since their reason does not seem to reference my limitations/reasons for being out of work again) but I received a call, email and registered letter from my employer indicating I had three days to return to work or lose my job due to "job abandonment".
    I have looked up the term “job abandonment” and everything I read indicates the definition of this term indicates that an employee has NOT been in communication with their my employer so they have no choice but to end employment, but this is not the case with me.
    My employers have been aware of my situation and have even tried to get the STD company to move more quickly for a decision by following up with them on my behalf.
    My HR person mentioned that I should look into unemployment benefits (which I had not thought of) and to try to determine if it would be better for me to allow the "job abandonment" reason or to resign due to health reasons to see which would enable me to receive unemployment benefits.
    In looking at the MN Unemployment site, I found documentation that indicates you can receive benefits for resigning for health issues if your employer answers the questions on the questionnaire appropriately, but then I also found documentation that indicates requirements for weekly benefits indicated a person cannot collect if they have not been seeking employment due to illness or other medical reasons.
    Please help me determine the following:
    1. If I should allow the "job abandonment" termination (even though I do not think my situation falls into that category) or if it would be better to resign due to health reasons?
    2. For MN Unemployment laws, what requirements are there when a person is unable to work due to health reasons and unemployment is approved, for the weekly job seeking rules specified about not getting benefits if ill?
    Thank you so much for your attention to this!
  • My daughter is employed by Eastern Kentucky University as a

    My daughter is employed by Eastern Kentucky University as a flight instructor in their aviation program earning $25 an hour. Up until now they have been paying for actual time in the air with a student, ground instruction and required instructor and safety meetings. Now they are requiring the flight instructors to sign a contract accepting a decrease in hourly pay and they will no longer be paid for ground instruction or required meetings. Even now for every hour "in the air" that she does get paid she has to spend at least half and hour for pre-flight checks and post flight paperwork. Now she will not even be paid for anything but flight time. Can they legally not pay her for time required for instruction and meetings?
  • I just started working as a bookkeeper for a construction company.

    I just started working as a bookkeeper for a construction company. This company has not paid payroll taxes for almost 2 years. I know this is basically stealing from him employees since he still withholds the money. I don't want to be involved in something illegal like this. Can I quit and collect unemployment because of this? Thank you.
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