Can you quit your job AND collect unemployment benefits? By far, the most frequently asked question .. right after .. How can I get through on the phone to the unemployment department ..........
Well, I don't know if you have good cause to quit and collect unemployment, but I'll try to explain why most people don't .. and it isn't always because they lack sufficiently good reason to quit.
It's because they can't fulfill the burden of proof!
Lets start with another question some people have asked and because the answer sounded easy .. they escaped their job before listening to the full answer...
Q: Can you quit a job without giving any notice?
A: Of course you can my sweet son, because you are an at-will employee, not an indentured servant, so you are free as a bird to fly the coop at will. ..
That is .. as long as you're also willing to accept any negative consequences of your actions, which are sounding a little impulsive to me.
Where'd you go sweetie?
I was about to explain that when you quit and think you're going to collect unemployment, you will be assigned a legal burden to prove you had good cause .. and good cause is difficult for a neutral party to find without you being able to produce evidence of your exhausted efforts to save and preserve your job .. just in case you were planning on filing an unemployment claim ... to get you through until you find another job .. lickety-split!
Why do you want to quit anyway? It's important you know .. don't you know a reason for quitting should be important even if the law doesn't support it as good cause?
Whatever you decide .. quitting is not a trivial matter?
Can you quit because your boss is mean to you? What do you mean by mean?
The hypersensitive individual (frequently referenced in precedent decision) aside, at unemployment appeals your defense that good cause existed is supported by documentation and witnesses if necessary.
This is true even in instances when a provision in UI law creates an exception to the the following.
The quit must be attributable to the employment, or employer.
Quitting and collecting unemployment is about being ab le to prove you quit for fault attributable to the employer and for reasons a reasonable person working under similar circumstances, would also voluntarily end their job.
It's a burden most will of wished they began fulfilling while still an employee .. if the reason for quitting is good.
Your efforts to preserve a job are frequently over a problem with something all at-will employees possess to some degree or another.
But, how do you acquire documentation and witnesses that will help you to proves you were doing everything possible to save your job, when the employer will protest your benefits with one simple statement .. The claimant voluntarily quit for unknown reasons and did not make any efforts to preserve the employment.
Before I answer .. how, maybe you see if any of the reasons people asked ..
Sound similar to yours.