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  1. #1
    Join Date
    Feb 2008
    Posts
    2

    Default Elgibility For Unemployment Due To Hazardous Working Conditions

    Hello, i have been working for UPS for the last 3 years. Almost every night exhaust fumes are released in the air (due to trucks being parked/moved) in the confined space where i and few others work, i am very concerned for my health. The fumes are VERY noticible, they emit a heavy odor, sometimes smoke, and give me trouble breathing (i often use my shirt to cover my mouth while i breathe). Also, just recently some bins (compartments) that have been unused for years, are now being used and are FULL of dust/other particles, everytime one of those bins are opened a large amount of dust is released and is being inhaled by me. Also, my back pains are increasing due to constant lifting and bending over, i feel i cannot proceed with my job without enduring pain.

    I would like quit with good cause and collect unemployment until i find a new job. If your asking why now, after 3 years, it is because i was hired while i was still in high school and my youth equaled arrogance and ignorance, however now i am aware of all these long term effects and am prepared to depart.

    My question to you all, is do i have a sufficient case? will i receive Unemployment benefits?

    Michigan*

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Am I Eligible For Unemployment Due To Hazardous Working Conditions?

    Quote Quoting Joules23
    View Post
    I would like quit with good cause and collect unemployment until i find a new job. If your asking why now, after 3 years, it is because i was hired while i was still in high school and my youth equaled arrogance and ignorance, however now i am aware of all these long term effects and am prepared to depart.

    My question to you all, is do i have a sufficient case? will i receive Unemployment benefits?

    Michigan*

    That can only be answered in 2 ways:


    1. Consult an Attorney who deals with unemployment laws and see if you have credible grounds to quit and collect.

    2. Trial and error. Quit and sign up.

    There "may" be no real solution until action is taken.

    It is true though, under OSHA and MIOSHA, an employer is under an affirmitive duty to provide a safe working environment, yes.

    Here is a link to MIOSHA, see if anything helps.

    http://www.michigan.gov/dleg/0,1607,...451---,00.html


    Such exposure, IMO, can NOT be considered an occupational hazard and asumption of the risk. Carbon Monoxide is poisionous, while it is true some exposure is not preventable while working on a dock, etc., I would say they have a duty to minimize such as best they can.

    Have you discussed this with your employer and asked if you can be transferred to another job/position due to the possible hazard? This may be crucial if you do indeed quit and sign up. They will ask what steps you took to get another position OR how much it affected you and why you feel the need for them to minimize the exposure more and how the company responded. They very well could be doing everything they can to "minimize" the risk. Ask!! Offer some suggestions?


    Your basis is really you have to quit due to hazardous working conditions, so in effect it amounts to a "constructive discharge". This is similar in nature to a "constructive eviction" from a rental property. Conditions were so intolerable, noisy neighbors, mice or bug infestation, no heat for prolonged periods, etc., etc., you were forced move. You had no choice, so you can not be held liable for breaking the lease.

    Even if the company has many protections in place for workers and you still feel even minimal exposure is making you ill, get out of there, whether you can get UI or not.

    Best wishes.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Am I Eligible For Unemployment Due To Hazardous Working Conditions?

    Also speak to your Union Representative. The reason you pay union dues is so they can represent you when you have issues with your employer.

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