Can you quit your job AND collect unemployment benefits?
By far, the most frequently asked questions I've ever answered about unemployment when you quit.
And I don't hand out permission slips saying you should quit your job.
Rather I discuss what I would do to try to prove the burden of proof, as if I were that imaginary person in law, referred to as a reasonable person.
Right now, all I can tell you is good cause to quit is a legitimate basis for an argument to collect unemployment after an unemployment appeal hearing .. I say after because when an employee is initially allowed to collect, experience tells me and employer appeal will follow because they are so easy to win.
Ohio's Unemployment Abstract tells us this about good, or just cause to quit a job.
"There is, of course, not a slide-rule definition of just cause.
Essentially, each case must be considered upon its own particular
Traditionally, just cause, in the statutory sense, is that which, to an ordinary intelligent person, is a justifiable reason for doing or not doing a particular act."
But, let us not forget, an employer is also a privileged character under Ohio law.
Quitting your job makes you the moving party. This is why you will be assigned the burden of proof for purposes of determining whether the cause was good, just, or not.
Although not all states include clear additional information about the main stumbling block to getting benefits when you ask "can I quit",.
You can figure this out. The problem however for you, night not be that you didn't have good cause to quit, but that you can't prove you did.
And even if the pivotal phrase that prevents benefits when some resigns form a job for cause, isn't present in law, it still matters
But, to make clear what is at the bottom of all this rambling about good cause or not, , why not see how the United States Department of Labor helped me to understand that good cause to quit, varies by state.
It give new meaning to what first seems like a simple straight forward question, most who know this stuff, might answer with a sigh and an exasperated NO .. because they work on behalf of employers.
Can you quit your job and collect unemployment? Let's not count the ways .. because it's also a burden to create good cause .. let alone prove it at an unemployment hearing.
A link to the State Unemployment Law Comparison Charts (where I found the text below) and the Ohio Abstract can be found on the unemployment law resource page.
In all states individuals who leave their work voluntarily must have good cause if they are not to be disqualified. In many states, good cause is explicitly restricted to good cause connected with the work or attributable to the employer, or involving fault on the part of the employer. However, in a state where good cause is not explicitly linked to the work, the state may interpret its law to include good personal cause or it may limit it to good cause related to work. Since a state law limiting good cause to the work is more restrictive, it may contain specific exceptions that are not necessary in states recognizing good personal cause. (For example, an explicit provision not disqualifying an individual who quits to accompany a spouse to a new job might not be necessary in a state which recognizes good personal cause; it would be necessary in a state restricting good cause to that related to the work.
The problem I have with this .. is the phrase "interpret it's law". Because I know the concept of what's reasonable is not a consistency across all states, or the neutral people with the power to decide your benefit fate.
Can you quit? Please, not without first exhausting efforts to preserve the employment.
More about Unemployment When You Quit