December 15, 2015 Unemployment No Comments

There are many reasons people considering quitting a job, including personal problems, conflict with coworkers or management, pursuing new opportunities, and health problems. While voluntarily leaving employment may be tempting for many people, it is important for workers to understand that the way in which they leave a particular position can have a significant impact on whether or not they will be able to obtain unemployment benefits.1 For this reason, it is important to carefully consider the decision to quit and not simply walk out the door. Some of the most important things to consider are discussed below.

Will you be able to obtain unemployment benefits?

Generally speaking, people are only eligible for unemployment benefits when they leave their job through no fault of their own. This means that people who voluntarily quit their jobs are usually not eligible for unemployment benefits, except in circumstances where they have “good cause.” Good cause is defined differently from state-to-state, but generally includes the following:

  • Constructive discharge2
  • Health reasons
  • Domestic violence
  • Sexual harassment at work
  • Dangerous work conditions


Is there a provision in your contract that is applicable to how you leave your job?

The way in which people leave their jobs often has a direct impact on their ability to get another job. In many cases, prospective employers will call an applicant’s last employer in order to gather information about their performance and demeanor at work. Individuals who give their employer notice required by their contract are much more likely to have positive performance reviews from their former employers.

Could you take legal action against your employer for the reasons you are considering quitting?

Many people are prompted to quit a job because of an employer’s conduct or unacceptable working conditions. In many of these cases, not only are employees who quit eligible for unemployment benefits, they can also often file a legal action against their employer through which they may recover significant compensation.

Call an Unemployment lawyer today to discuss your situation

People who voluntarily leave their jobs can still obtain unemployment benefits, under certain circumstances. An attorney can help determine whether you may be eligible for unemployment benefits and also help make your case to the appropriate agency or department in your state. Call Kenneth P. Carp today to schedule a free consultation with an experienced unemployment attorney.

References:

1 http://www.dol.gov/dol/topic/unemployment-insurance/
2 https://www.law.cornell.edu/wex/constructive_discharge

Written by kennethpcarplaw@gmail.com