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LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37855
Experience:  30+ years legal experience and I keep current in Employment Law through regular continuing education.
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I feel I must quit my job due to what seems like an

Customer Question

Hello, I feel I must quit my job due to what seems like an noncompliant environmentally and unsafe work place. Is this considered a involuntary resignation? If so do I need to include all proof and documentations in my letter?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Tennessee
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all.
Submitted: 4 months ago.
Category: Employment Law
Expert:  LawTalk replied 4 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What constitutes a "noncompliant environmentally and unsafe work place"?

Customer: replied 4 months ago.
Hello,
Our building has mold and leaks in the building.
Poor air quality, and asbestos. It's slated to be torn down but we are still working in it. It's an office building. Also crime has increase in the area and in the building. It has caused health conditions and an inability to be productive. I have taken photos and documented.
Customer: replied 4 months ago.
Hello?
Expert:  LawTalk replied 4 months ago.

Hi,

I apologize for the delay. I just got off the phone with another customer.

Leaks and mold are not necessarily a justifiable reason to terminate your employment and still be eligible for unemployment. Neither is asbestos unless you can show that it is endangering your health.

Contact OSHA and file a complaint with them. If they feel that the situation is hazardous to your health, then you may quit and remain eligible for unemployment benefits.

The crime issue is not relevant to any justification to quit your job in the eyes of unemployment.

You will want to begin the OSHA complaint process here: https://www.osha.gov/workers/file_complaint.html

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug