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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20228
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I work at a prison 12 and 1/2 hours a day and drive 1 hour

Customer Question

I work at a prison 12 and 1/2 hours a day and drive 1 hour and 45 minutes each way which makes a 16 hour day. If I quit can I draw unemployment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. How long have you been working and commuting this far? Any changes to your work or life that is making you feel like you need to quit? Just to be clear, you would be quitting because of your commute, correct?

Customer: replied 1 year ago.
with the communite I am so tired I have had to pull over and sleep in car. Work at prison is very physical walking 90 percent of time. I did for a time spend the night with a friend when I was working but it caused them an INconvience so must drive home now
Customer: replied 1 year ago.
I have worked at prison for three years
Expert:  Marsha411JD replied 1 year ago.

Thank you for your reply. First, there is never a sure path to a successful unemployment claim. So, no employee should ever quit a job expecting that they will be eligible for UI benefits. Also, in this case, unless you would have a doctor's orders or documentation that your medically unable to continue the commute, it is unlikely that you would be successful in your UI claim.

What would happen, is that your employer would contest your eligibility and you would be denied UI benefits and have to appeal that denial. Then, upon appeal, you would have the burden of proof to show that the job caused the reason you had to quit and that you exhausted all of your options with the employer to resolve the issue before you quit. The State would require a major change in your situation (thus the medical issue) in order to find on your behalf since you have been doing this for 3 years and the employer didn't make any changes.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 4th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.