Can I receive unemployment if I quit my job for neglect? 3 Answers as of June 08, 2011

I quit my job on April 13 after 9 months due to severe neglect of trying to get this company to fix very serious problems with my tractor & trailer. Everyday I would do a physical inspection on my truck & hand a written DOT INSPECTION to my supervisor. I also spoke to them about the problem. Nothing ever was done about it. I was driving a truck that needed serious repairs. My life was at risk every day & they didn't care. Can I receive unemployment because I quit due to my life being in danger?

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Rose, Senders & Bovarnick, LLC
Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
In most states, you can get unemployment after quitting if you have quit for good cause. The threat of serious injury from life threatening safety defects is probably good cause for quitting. In addition, it is a violation of Federal law to fire an employee who refuses to operate a commercial motor vehicle because it is too unsafe. That law, called the Surface Transportation Assistance Act, may require your former employer to pay you lost wages and other damages. You should contact your nearest OSHA office and ask to file a Whistleblower complaint.
Answer Applies to: Oregon
Replied: 6/8/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
You can try to claim it. Theory would be either constructive termination for safety reasons or else being a whistleblower if you complained to DOT
Answer Applies to: California
Replied: 6/8/2011
Law Office of Cindy Lin
Law Office of Cindy Lin | Cindy Lin
Generally, employees that quit their jobs may be eligible for unemployment benefits if they quit for "good cause." The definition of "good cause" varies by state. In Washington, RCW 50.20.050 determines whether an individual may receive benefits after voluntarily leaving a job. Often, work site safety can be "good cause" for quitting, and will NOT preclude you from getting benefits. Read the statute, and the regulation WAC 192-150-130. There are some requirements, such as you were required to give your employer notice and opportunity to correct the safety issues before you quit.
Answer Applies to: Washington
Replied: 6/7/2011
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