Legal Question in Employment Law in Washington

Unemployment benifits denied

I was recently laid off - but unemployment benefits are being denied due to a previous employer disputing - as I self terminated related to direct threats of physical assault from a co-worker.

The issue was reported to the employer who only offered NO assistance and there was an imminent danger issue NOTE: said co-work did in fact assault another person on the premises soon after I left ~ this employer was alerted to the threats and did nothing to stop the situation.

1) Do you or can you help with regards to appealing for unemployment compensation ?

2) Can you help with my basic rights being denied from said employer for gainful employment, as this was not a safe environment and OSHA's requirement for protection of violence in the work place ?

(either from unemployment or directly from employer or both)

3) Should I not disclose or cite rights laws when filing appeal for unemployment compensation ?

Reason for denial as follows, and I quote from the unemployment agent handling the case, � although your reason for quitting is plausible and/or compelling, you did not exhaust reasonable alternatives to preserve employment before you quit.

Argument - I reported the facts to the employer , in which she said ''was she kidding


Asked on 8/04/08, 9:15 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: Unemployment benifits denied

To answer your questions in order:

1) Yes, I could help with the unemployment compensation appeal, except that judging by your zip code, I'm too far from you. There should be attorneys in your area who will also help, however.

2) There are statutory protections against violence in the workplace, and you probably fall under them, but in situations like this, the details matter. An attorney could help you with this as well, but there are many more details required than can be covered here. These will influence what your next step is, and what remedies are available.

3) When filing your unemployment compensation appeal, the judge will only be looking at whether your case fits into one of the categories under the unemployment compensation laws. He or she will not be focusing on the big picture. I recommend first that your be sure to get your notice in that you want to appeal. If you choose to handle it yourself, follow the directions on the paperwork they send you very closely. Be prepared to explain that the safety of your workplace deteriorated (unless you were threatened with assault even when you first went to work there) and that you had to leave because of illegal activity (threats of assault are illegal). Be prepared to explain what you did to try to resolve the problem, and be prepared to explain why you reasonably believed that further efforts to exhaust available remedies would be futile.

Hope that helps.

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Answered on 8/04/08, 10:34 pm


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