If a employee puts his hands on me and I hit him back, canI be denied unemployment?

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If a employee puts his hands on me and I hit him back, canI be denied unemployment?

If I am denied can I take legal action agaist my former job for an unsafe workplace?

Asked on February 2, 2011 under Employment Labor Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The basis for denial of unemployment benefits is generally the same in every state:  if you are fired for what is known as cause.  To state it in a different way, you have to be let go "through no fault of your own."  It sounds like it will be a tough call here and on first glance you may indeed be denied benefits.  But I would speak with an attorney.  If you were acting in self defense and were then fired unreasonably you need to check out what your options may be.  Maybe further inquiry by the unemployment board will result in benefits.  It depends how much you are willing to pursue it and the case law.  Good luck to you.


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