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Labor attorney discusses difficulties citing virus fear to receive unemployment benefits

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In Texas, a person cannot usually collect unemployment if they have been fired for a good reason or if they chose to quit.

If people are concern about how their workplace is following social distancing guideline during the pandemic, they need to address it to the employer. It’s the first step in a process, says Zone Nguyen, a labor attorney in Laredo.

“It would be good to take a photo. Really, it would be best if you can address it with your employer. And if that employer says, 'I'm not changing anything. I'm not changing your shift. You just have to deal with it,' then that shows that you tried and you actually were constructively let go. Not because you wanted to quit. It's because you had no other choice,” explained Nguyen.

“Constructively let go” is the key phrase. It means an employee didn’t leave voluntarily, but had to quit because they had no other choice. It cannot be an opinion alone. There needs to be proof to show.

Watch the video above for the full report.

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