Employment Law

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Am currently out on disability. I found out that my employer…

Customer Question
Am currently out on...

Am currently out on disability. I found out that my employer is non-compliant with disability and workman's comp. Do I have grounds to quit and collect unemployment?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time 24 hours weely

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm still waiting to collect from the special funds unit due to employers non-compliance. I've been out of work since July 13, 2014 with no income whatsoever

Submitted: 10 months ago.Category: Employment Law
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Answered in 1 minute by:
9/24/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,896
Experience: 20+ Years of Employment Law Experience
Verified

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

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Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

No, this is not grounds to quit and it would not entitle you to unemployment. Unemployment is available only to those employees who lose their employment through no fault of their own and are able and looking for full time employment; as you are out on disability you are not able to work.

If your employer is not complying with disability or workers compensation, then you need to file a complaint with NY workers compensation board and the NY Department of Labor and you can also seek an attorney locally to sue the employer. Attorneys who take these cases do not generally charge up front, they charge based on the benefits they win for you and sometimes can make the employer pay attorney's fees if the employer's conduct is found to be malicious.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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