Legal Question in Employment Law in New York

A few days after hurricane sandy my boss informed all workers that the office was up and running. When another worker and I entered the basement office that say there were still puddles of water on the floor and no ceiling. Everything was a mess and out of place. It smelt awful and there was no ventilation. Being as I have asthma and terrible allergies I informed the doctor I didnt feel safe cleaning in an office with no windows under those circumstances. He informed me and the other girls who did not feel safe that we could leave and he would call us when we reopened. One of the managers had informed us that the doctor wanted all if us to go on unemployment until we were all back to work. So we did. We kept in touch with the office for weeks and assumed we would be going back to work. When we called last we were informed that we had voluntarily quit when we didnt want to clean. I am now receiving notice from unemployment that I must pay back the money I was given. I already have a new job but I do not think I should owe this money back. Would I have a case against the doctor who told unemployment I quit?


Asked on 2/09/13, 8:21 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

You must utilize the appeal procedure listed on the back of the notice from unemployment. It would not hurt to consult with an attorney specializing in these matters. Their fees are fixed by statute.

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Answered on 2/09/13, 8:28 am


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