What are an employee’s rights if they have to resign from their job due to a health hazard in the workplace?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are an employee’s rights if they have to resign from their job due to a health hazard in the workplace?

I had to take an initial medical leave and subsequently resign from my part time sales position because I became ill from a workplace mold issue. I filed a complaint with the company’s online complaint line and was told they were removing the mold (this happened after I filed my complaint) – mold had been there a long time previously – but they were not acknowledging a mold issue in the area of the store I was working in so I decided to resign as I did not want to jeopardize my health further. I filed for unemployment (while still on medical leave) and do not know if I will qualify for unemployment. Is there any other legal thing I can do about this.

Asked on September 20, 2010 under Employment Labor Law, Illinois

Answers:

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

Answered 13 years ago | Contributor

Generally, you can file for unemployment if you are no longer employed due to no fault of your own, meaning that it was not your fault for losing your job. Quitting a job does not usually qualify you for unemployment benefits. State law really varies on the subject that surrounds this statement and if you feel that you were forced to leave due to a workplace environment issue then you should seek a bit of counseling from an employment attorney in the area on the matter.  You do not wish to be placed in the position of having to pay back the benefits should they start to pay you and are later disqualified.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption